Latest items for ADCM-LAW-1
April 1, 2023, 9:26 p.m.
Countries: Uzbekistan
Variables: ADCM-LAW-1
"…[T]he legislation adopted included: the Administrative Procedures Act of 8 January 2018; the Code of Civil Procedure of 22 January 2018; the Code of Economic Procedure of 24 January 2018 and the Code of Administrative Procedure of 25 January 2018..."(3-4)(NF - CODER COMMENT - The restructuring of the judicial, administrative, and economic procedures allows women to file for cases regarding civil and economic matters). "[I]n 2017, the legislation adopted included:...the Mediation Act of 3 July 2018..." (4)(NF - CODER COMMENT - The law allows citizens the right to a mediator and the process of mediation for civil, business, labor, and family matters). "A significant contribution to the development of gender...more
Variables: ADCM-LAW-1
"…[T]he legislation adopted included: the Administrative Procedures Act of 8 January 2018; the Code of Civil Procedure of 22 January 2018; the Code of Economic Procedure of 24 January 2018 and the Code of Administrative Procedure of 25 January 2018..."(3-4)(NF - CODER COMMENT - The restructuring of the judicial, administrative, and economic procedures allows women to file for cases regarding civil and economic matters). "[I]n 2017, the legislation adopted included:...the Mediation Act of 3 July 2018..." (4)(NF - CODER COMMENT - The law allows citizens the right to a mediator and the process of mediation for civil, business, labor, and family matters). "A significant contribution to the development of gender...more
March 31, 2023, 2:31 p.m.
Countries: Egypt
Variables: ADCM-LAW-1
"[T]he amendment to the Personal Status Law, guarantees: the equal rights of women and men in all matters relating to marriage and family relations by prohibiting polygamy; equal rights in divorce for men and women, including equal grounds and procedures for obtaining a divorce; and equal rights of legal guardianship for both parents following dissolution of the marriage, based on the best interest of the child, regardless of whether the woman remarries" (14). This amendment is recommended but not adopted by the state (MV- coder comment).
Variables: ADCM-LAW-1
"[T]he amendment to the Personal Status Law, guarantees: the equal rights of women and men in all matters relating to marriage and family relations by prohibiting polygamy; equal rights in divorce for men and women, including equal grounds and procedures for obtaining a divorce; and equal rights of legal guardianship for both parents following dissolution of the marriage, based on the best interest of the child, regardless of whether the woman remarries" (14). This amendment is recommended but not adopted by the state (MV- coder comment).
March 8, 2023, 1:43 p.m.
Countries: Montenegro
Variables: ADCM-LAW-1
"Amendments to the Family Law (2020) deal with referring spouses to mediation in order to reconcile or reach an agreement on the exercise of parental rights after divorce and an agreement on the division of joint property (this issue is regulated by Article 326), but if there is a suspicion of domestic violence, the court will not refer the parties to the initial meeting with the mediator" (27). "In case there is no agreement on how the property should be divided, the property of the spouses is divided into equal parts at the time of divorce. However, if one spouse proves that his or her contribution to the acquisition of...more
Variables: ADCM-LAW-1
"Amendments to the Family Law (2020) deal with referring spouses to mediation in order to reconcile or reach an agreement on the exercise of parental rights after divorce and an agreement on the division of joint property (this issue is regulated by Article 326), but if there is a suspicion of domestic violence, the court will not refer the parties to the initial meeting with the mediator" (27). "In case there is no agreement on how the property should be divided, the property of the spouses is divided into equal parts at the time of divorce. However, if one spouse proves that his or her contribution to the acquisition of...more
Feb. 24, 2023, 12:54 p.m.
Countries: Nepal
Variables: ATDW-LAW-1, ADCM-LAW-1, IAW-LAW-2
"Pursuant to the General Code, the wife, irrespective of age or duration of marriage, is entitled to the share of her husband’s property. The existing legal framework provides the same entitlement to the divorced wife." (37).
Variables: ATDW-LAW-1, ADCM-LAW-1, IAW-LAW-2
"Pursuant to the General Code, the wife, irrespective of age or duration of marriage, is entitled to the share of her husband’s property. The existing legal framework provides the same entitlement to the divorced wife." (37).
Feb. 23, 2023, 10:36 a.m.
Countries: Mauritania
Variables: ADCM-LAW-1
"A divorced woman may see her children ordered to live with their father solely on the grounds that she chooses to remarry" (para 2).
Variables: ADCM-LAW-1
"A divorced woman may see her children ordered to live with their father solely on the grounds that she chooses to remarry" (para 2).
Feb. 17, 2023, 12:46 p.m.
Countries: Malawi
Variables: ADCM-LAW-1
The most recent laws noted in the WomanStats Database (since 2015) relating to marriage, divorce and family relations are still current as of July 2022 and no changes have been made, as verified by consulting The Women, Business, and the Law database for 2022 (SFR - CODER COMMENT).
Variables: ADCM-LAW-1
The most recent laws noted in the WomanStats Database (since 2015) relating to marriage, divorce and family relations are still current as of July 2022 and no changes have been made, as verified by consulting The Women, Business, and the Law database for 2022 (SFR - CODER COMMENT).
Feb. 10, 2023, 4:04 p.m.
Countries: Lithuania
Variables: ADCM-PRACTICE-1, ADCM-LAW-1
"Lithuania has chosen the presumption of equal shares in joint community property. Courts may depart from equal shares of spouses because of such important circumstances as interests of children, health state of a spouse, and personal income used to increase joint community property. However, courts have never departed from the equal shares principle due to differing contributions by spouses to matrimonial property" (para 1).
Variables: ADCM-PRACTICE-1, ADCM-LAW-1
"Lithuania has chosen the presumption of equal shares in joint community property. Courts may depart from equal shares of spouses because of such important circumstances as interests of children, health state of a spouse, and personal income used to increase joint community property. However, courts have never departed from the equal shares principle due to differing contributions by spouses to matrimonial property" (para 1).
Feb. 4, 2023, 6:14 p.m.
Countries: Namibia
Variables: ADCM-LAW-1
"A Divorce Bill will allow couples to separate without the need to prove wrongdoing on the part of the spouses. The Bill is designed to help spouses who are 'trapped' in marriages to have an easier exit. The current law requires that one of the two parties has to prove adultery, indiscretion or impotence before a divorce can be granted." (6). "The Marital Property Bill and divorced Bill are currently with the legal drafters for final certification before being tabled in Parliament during the course of the financial year." (10) NF - CODER COMMENT - The divorce bill will allow women to file for divorce without having to appear in...more
Variables: ADCM-LAW-1
"A Divorce Bill will allow couples to separate without the need to prove wrongdoing on the part of the spouses. The Bill is designed to help spouses who are 'trapped' in marriages to have an easier exit. The current law requires that one of the two parties has to prove adultery, indiscretion or impotence before a divorce can be granted." (6). "The Marital Property Bill and divorced Bill are currently with the legal drafters for final certification before being tabled in Parliament during the course of the financial year." (10) NF - CODER COMMENT - The divorce bill will allow women to file for divorce without having to appear in...more
Feb. 3, 2023, 1:45 p.m.
Countries: Laos
Variables: ADCM-LAW-1
"Matrimonial property is divided equally among spouses after divorce, unless the dissolution of the marriage was caused by a fault committed by one spouse, in which case this spouse only receives one third of the matrimonial property. This rule is nuanced in the event that the divorced couple has minor children, in which case the court may award a bigger share to the parent to whom child custody is given (Family law art. 28). The Land law is silent on land division and use among spouses after divorce" (8).
Variables: ADCM-LAW-1
"Matrimonial property is divided equally among spouses after divorce, unless the dissolution of the marriage was caused by a fault committed by one spouse, in which case this spouse only receives one third of the matrimonial property. This rule is nuanced in the event that the divorced couple has minor children, in which case the court may award a bigger share to the parent to whom child custody is given (Family law art. 28). The Land law is silent on land division and use among spouses after divorce" (8).
Sept. 8, 2022, 8:16 p.m.
Countries: Austria
Variables: ATDW-PRACTICE-1, ATDW-LAW-1, ADCM-PRACTICE-1, ADCM-LAW-1
"Distribution must be equitable and the contributions of each spouse to the acquisition of matrimonial assets, the best interests of the children and existing debts must be taken into account. Household work, as well as care-giving and the upbringing of children, will be equivalent to the financial contributions of the breadwinning spouse. The ratio applied in most decisions is 1:1" (para 118).
Variables: ATDW-PRACTICE-1, ATDW-LAW-1, ADCM-PRACTICE-1, ADCM-LAW-1
"Distribution must be equitable and the contributions of each spouse to the acquisition of matrimonial assets, the best interests of the children and existing debts must be taken into account. Household work, as well as care-giving and the upbringing of children, will be equivalent to the financial contributions of the breadwinning spouse. The ratio applied in most decisions is 1:1" (para 118).
Sept. 7, 2022, 10:35 p.m.
Countries: Armenia
Variables: ATDW-PRACTICE-1, ATDW-LAW-1, ADCM-PRACTICE-1, ADCM-LAW-1, CUST-LAW-1
"The Family Code stipulates that spouses have equal decision-making authority over children following divorce. In cases where no consensus can be reached, the court takes the decision. When a divorce is granted, the law provides that a couple’s assets are to be divided equally. In many cases, however, the law is not followed either because a registrar did not record the marriage or because the woman signed a prenuptial agreement nullifying certain provisions of the law" (3-4).
Variables: ATDW-PRACTICE-1, ATDW-LAW-1, ADCM-PRACTICE-1, ADCM-LAW-1, CUST-LAW-1
"The Family Code stipulates that spouses have equal decision-making authority over children following divorce. In cases where no consensus can be reached, the court takes the decision. When a divorce is granted, the law provides that a couple’s assets are to be divided equally. In many cases, however, the law is not followed either because a registrar did not record the marriage or because the woman signed a prenuptial agreement nullifying certain provisions of the law" (3-4).
Sept. 1, 2022, 7:31 p.m.
Countries: Algeria
Variables: ATDW-LAW-1, ADCM-LAW-1
"Separation of property is the normal arrangement for spouses’ property regime and applies automatically when the parties marry. However, the spouses can contractually agree on specific assets in the marriage pact, or in subsequent contracts. Whether the woman is entitled to remuneration and/or maintenance (nafaqa) after divorce largely depends on whether the divorce happens on the initiative of herself or of the man" (27).
Variables: ATDW-LAW-1, ADCM-LAW-1
"Separation of property is the normal arrangement for spouses’ property regime and applies automatically when the parties marry. However, the spouses can contractually agree on specific assets in the marriage pact, or in subsequent contracts. Whether the woman is entitled to remuneration and/or maintenance (nafaqa) after divorce largely depends on whether the divorce happens on the initiative of herself or of the man" (27).
Aug. 1, 2022, 1:10 p.m.
Countries: Malawi
Variables: ADCM-LAW-1
"Subject to subsections (2) and (3), both spouses have a duty to maintain each other and any children of the marriage. (2) The monetary contribution of each spouse shall be proportionate to his or her income. (3) The non-monetary contribution of each spouse shall also be taken into account when determining the contribution of a spouse to the maintenance of the other spouse or children of the marriage" (18). These determinations affect custody in divorce (SFR - CODER COMMENT).
Variables: ADCM-LAW-1
"Subject to subsections (2) and (3), both spouses have a duty to maintain each other and any children of the marriage. (2) The monetary contribution of each spouse shall be proportionate to his or her income. (3) The non-monetary contribution of each spouse shall also be taken into account when determining the contribution of a spouse to the maintenance of the other spouse or children of the marriage" (18). These determinations affect custody in divorce (SFR - CODER COMMENT).
July 4, 2022, 1:50 p.m.
Countries: United Kingdom
Variables: ATDW-PRACTICE-1, ATDW-LAW-1, ADCM-LAW-1
"Mr Bruce has acted in six Supreme Court cases, including a landmark ruling that saw pre-nuptial and post-nuptial agreements become legally binding in England in 2010" (Para. 10).
Variables: ATDW-PRACTICE-1, ATDW-LAW-1, ADCM-LAW-1
"Mr Bruce has acted in six Supreme Court cases, including a landmark ruling that saw pre-nuptial and post-nuptial agreements become legally binding in England in 2010" (Para. 10).
April 29, 2022, 5:43 p.m.
Countries: Russia
Variables: ADCM-LAW-1
"The Committee notes the introduction of mandatory notary agreements on the division of marital property and new safeguards to enforce child support alimony payments" (14).
Variables: ADCM-LAW-1
"The Committee notes the introduction of mandatory notary agreements on the division of marital property and new safeguards to enforce child support alimony payments" (14).
Jan. 6, 2022, 12:09 p.m.
Countries: Somalia
Variables: ADCM-LAW-1
"The law states if the woman demanded the divorce with no valid reason, she is not entitled to assets. If she had a reason, she's entitled to half. Usually clan elders and family members will decide if her reason is valid since traditional justice trumps transitional justice" (1).
Variables: ADCM-LAW-1
"The law states if the woman demanded the divorce with no valid reason, she is not entitled to assets. If she had a reason, she's entitled to half. Usually clan elders and family members will decide if her reason is valid since traditional justice trumps transitional justice" (1).
Nov. 30, 2021, 2:33 p.m.
Countries: Israel
Variables: ADCM-LAW-1
"Sometimes a husband makes divorce contingent on his wife conceding to demands, such as those relating to property ownership or child custody... Druze divorces are performed by an oral declaration of the husband alone and then registered through the Druze religious courts, placing a disproportionate burden on the woman to leave the home with her children immediately. A civil family court or a religious court settles child custody, alimony, and property matters after the divorce, which gives preference to the father unless it can be demonstrated that a child especially 'needs' the mother" (35).
Variables: ADCM-LAW-1
"Sometimes a husband makes divorce contingent on his wife conceding to demands, such as those relating to property ownership or child custody... Druze divorces are performed by an oral declaration of the husband alone and then registered through the Druze religious courts, placing a disproportionate burden on the woman to leave the home with her children immediately. A civil family court or a religious court settles child custody, alimony, and property matters after the divorce, which gives preference to the father unless it can be demonstrated that a child especially 'needs' the mother" (35).
April 20, 2021, 5:05 p.m.
Countries: Egypt
Variables: IIP-LAW-1, ADCM-LAW-1
"The president also called for changes to the personal status law in order to be balanced and to maintain the interests of both fathers and mothers on an equal footing. The president's initiative came amid much controversy over many of the draft law's articles which regulate marriage, divorce, alimony, and guardianship and custody issues" (para 10).
Variables: IIP-LAW-1, ADCM-LAW-1
"The president also called for changes to the personal status law in order to be balanced and to maintain the interests of both fathers and mothers on an equal footing. The president's initiative came amid much controversy over many of the draft law's articles which regulate marriage, divorce, alimony, and guardianship and custody issues" (para 10).
Feb. 4, 2021, 6:11 p.m.
Countries: Turkey
Variables: ADCM-LAW-1
"Nur’s mother, Muna, got married when she was fifteen, having never met her husband or seen her future home. After a few years, she was unhappy and wanted a divorce but she was uneducated, orphaned, and a mother in a country with no enforced alimony system" (para 25).
Variables: ADCM-LAW-1
"Nur’s mother, Muna, got married when she was fifteen, having never met her husband or seen her future home. After a few years, she was unhappy and wanted a divorce but she was uneducated, orphaned, and a mother in a country with no enforced alimony system" (para 25).
Feb. 4, 2021, 6:07 p.m.
Countries: Syria
Variables: MARR-LAW-5, ATDW-PRACTICE-2, ATDW-LAW-5, ADCM-LAW-1, CUST-LAW-1
"In Syria, divorce is a frightening prospect for women. Although citizens have equal rights in civil law, family law and divorce falls within the realm of sharia. Men, but not women, can unilaterally divorce with only a verbal decree. If a woman divorces through court proceedings, she rarely gets alimony, and she loses custody of young children if she remarries" (para 33).
Variables: MARR-LAW-5, ATDW-PRACTICE-2, ATDW-LAW-5, ADCM-LAW-1, CUST-LAW-1
"In Syria, divorce is a frightening prospect for women. Although citizens have equal rights in civil law, family law and divorce falls within the realm of sharia. Men, but not women, can unilaterally divorce with only a verbal decree. If a woman divorces through court proceedings, she rarely gets alimony, and she loses custody of young children if she remarries" (para 33).
Sept. 26, 2020, 10:53 p.m.
Countries: Slovakia
Variables: LRW-PRACTICE-1, LRCM-PRACTICE-2, LO-PRACTICE-1, ADCM-PRACTICE-1, ADCM-LAW-1
“E.S. and Others v. Slovakia (application no. 8227/04) (15 September 2009): In 2001 the applicant left her husband and lodged a criminal complaint against him for ill-treating her and her children and sexually abusing one of their daughters. He was convicted of violence and sexual abuse two years later. Her request for her husband to be ordered to leave their home was dismissed, however, the court finding that it did not have the power to restrict her husband’s access to the property (she could only end the tenancy when divorced). The applicant and her children were therefore forced to move away from their friends and family. The Court found that...more
Variables: LRW-PRACTICE-1, LRCM-PRACTICE-2, LO-PRACTICE-1, ADCM-PRACTICE-1, ADCM-LAW-1
“E.S. and Others v. Slovakia (application no. 8227/04) (15 September 2009): In 2001 the applicant left her husband and lodged a criminal complaint against him for ill-treating her and her children and sexually abusing one of their daughters. He was convicted of violence and sexual abuse two years later. Her request for her husband to be ordered to leave their home was dismissed, however, the court finding that it did not have the power to restrict her husband’s access to the property (she could only end the tenancy when divorced). The applicant and her children were therefore forced to move away from their friends and family. The Court found that...more
Aug. 30, 2020, 7 p.m.
Countries: Bahrain
Variables: CLCC-LAW-1, ADCM-LAW-1
"Bahraini family laws discriminate against women in the right to divorce, inherit, and transmit Bahraini nationality to their children on an equal basis to men, and deprive their children of the right to obtain citizenship on an equal basis with children of Bahraini men" (para 21).
Variables: CLCC-LAW-1, ADCM-LAW-1
"Bahraini family laws discriminate against women in the right to divorce, inherit, and transmit Bahraini nationality to their children on an equal basis to men, and deprive their children of the right to obtain citizenship on an equal basis with children of Bahraini men" (para 21).
Aug. 26, 2020, 2:33 p.m.
Countries: United Kingdom
Variables: ADCM-LAW-1
“Mrs Akhtar is powerless to claim significant sums of money or property from Mr Khan in the same way a legally married spouse can because they did not also have a legal civil ceremony… Leading family law barrister Camini Kumar [said,]…[‘E]ven though they have four children and lived together for almost two decades [Mrs. Akhtar] will have 'limited' claims to [Mr. Khan’s] assets…The judgment confirms that when their relationship breaks down these women cannot make the financial claims against their husband that they would be entitled to if they had married in a qualifying ceremony. They are to be treated as any other cohabiting couple in the eyes of the...more
Variables: ADCM-LAW-1
“Mrs Akhtar is powerless to claim significant sums of money or property from Mr Khan in the same way a legally married spouse can because they did not also have a legal civil ceremony… Leading family law barrister Camini Kumar [said,]…[‘E]ven though they have four children and lived together for almost two decades [Mrs. Akhtar] will have 'limited' claims to [Mr. Khan’s] assets…The judgment confirms that when their relationship breaks down these women cannot make the financial claims against their husband that they would be entitled to if they had married in a qualifying ceremony. They are to be treated as any other cohabiting couple in the eyes of the...more
Aug. 11, 2020, 7:15 p.m.
Countries: India
Variables: ADCM-LAW-1
“In Mohammed Ahmed Khan v. Shah Bano (AIR 1985 SC 945), the Supreme Court granted equal right of maintenance under Section 125 of Cr. P.C. 1973 to a divorced married woman notwithstanding the personal law. The Supreme Court also held that ‘large segments of society which have been traditionally subjected to unjust treatment, women are one such segment.’ The Court invoked Section 125 of the Code of Criminal Procedure, which applies to everyone regardless of caste, creed or religion. It ruled that Shah Bano be given maintenance money, similar to alimony” (para 9).
Variables: ADCM-LAW-1
“In Mohammed Ahmed Khan v. Shah Bano (AIR 1985 SC 945), the Supreme Court granted equal right of maintenance under Section 125 of Cr. P.C. 1973 to a divorced married woman notwithstanding the personal law. The Supreme Court also held that ‘large segments of society which have been traditionally subjected to unjust treatment, women are one such segment.’ The Court invoked Section 125 of the Code of Criminal Procedure, which applies to everyone regardless of caste, creed or religion. It ruled that Shah Bano be given maintenance money, similar to alimony” (para 9).
April 22, 2020, 5:16 p.m.
Countries: Lebanon
Variables: ATDW-LAW-1, ADCM-LAW-1
"In Christian and Shia, Sunni, and Druze personal status codes, there is no recognition of marital property and there is no compensation for non-economic contributions, including work in the home or childcare, to the marriage. Christian personal status laws dictate that each spouse maintains separate ownership of his or her property and has the right to manage and use it and the fruit of his or her labor, unless the spouses agree otherwise in writing.249 Although these provisions allow for spouses to agree to joint ownership of assets, in recognition of the direct or indirect contributions each spouse makes in the earnings of the other, in reality, this sort of...more
Variables: ATDW-LAW-1, ADCM-LAW-1
"In Christian and Shia, Sunni, and Druze personal status codes, there is no recognition of marital property and there is no compensation for non-economic contributions, including work in the home or childcare, to the marriage. Christian personal status laws dictate that each spouse maintains separate ownership of his or her property and has the right to manage and use it and the fruit of his or her labor, unless the spouses agree otherwise in writing.249 Although these provisions allow for spouses to agree to joint ownership of assets, in recognition of the direct or indirect contributions each spouse makes in the earnings of the other, in reality, this sort of...more
July 11, 2019, 5:35 p.m.
Countries: Bangladesh
Variables: ATDW-LAW-1, ADCM-LAW-1
"The State party has no legal regime recognizing, defining or setting out rules for control over marital property during marriage or the division of marital property on an equal basis between spouses upon divorce" (13).
Variables: ATDW-LAW-1, ADCM-LAW-1
"The State party has no legal regime recognizing, defining or setting out rules for control over marital property during marriage or the division of marital property on an equal basis between spouses upon divorce" (13).
July 6, 2019, 1:13 p.m.
Countries: Togo
Variables: ADCM-LAW-1
"Under traditional law a wife has no maintenance or child support rights in the event of divorce or separation" (Pg 12).
Variables: ADCM-LAW-1
"Under traditional law a wife has no maintenance or child support rights in the event of divorce or separation" (Pg 12).
May 7, 2019, 11:16 p.m.
Countries: Palestine
Variables: MARR-PRACTICE-1, ATDW-LAW-1, ADCM-LAW-1
"Women may add conditions to marriage contracts to protect their interests in the event of divorce and child custody disputes, but rarely did so" (105).
Variables: MARR-PRACTICE-1, ATDW-LAW-1, ADCM-LAW-1
"Women may add conditions to marriage contracts to protect their interests in the event of divorce and child custody disputes, but rarely did so" (105).
April 19, 2019, 9:51 a.m.
Countries: Bosnia-Herzegovina
Variables: ADCM-LAW-1
"Family Law of the Federation BiH and the Family Law RS, were amended in 2014. The FBIH amendments stipulate that before initiation of divorce proceedings a spouse or both spouses who have children, and during the pregnancy, are obliged to apply for mediation. The RS amendments provide for protection of the child’s right to live with parents and for parents to care for them above all, and this right may be limited only when it is found to be in the best interest of the child" (37).
Variables: ADCM-LAW-1
"Family Law of the Federation BiH and the Family Law RS, were amended in 2014. The FBIH amendments stipulate that before initiation of divorce proceedings a spouse or both spouses who have children, and during the pregnancy, are obliged to apply for mediation. The RS amendments provide for protection of the child’s right to live with parents and for parents to care for them above all, and this right may be limited only when it is found to be in the best interest of the child" (37).
April 10, 2019, 8:03 p.m.
Countries: Israel
Variables: ATDW-LAW-1, ADCM-LAW-1
"A civil family court or a religious court settles child custody, alimony, and property matters after the divorce, which gives preference to the father unless it can be demonstrated that a child especially 'needs' the mother" (38)
Variables: ATDW-LAW-1, ADCM-LAW-1
"A civil family court or a religious court settles child custody, alimony, and property matters after the divorce, which gives preference to the father unless it can be demonstrated that a child especially 'needs' the mother" (38)