The most comprehensive compilation of information on the status of
women in the world.

Latest items for ATDW-LAW-1

Sept. 22, 2023, 8:59 p.m.
Countries: Oman
Variables: ATDW-LAW-1

"However, the Personal Status Law retains higher authority in matters of guardianship, child custody and inheritance. In exchange for protection, Omani women must bind themselves to their husbands and may not receive financial compensation if they divorce. As a result, women are unable to fully exercise their rights" (para 5).
Sept. 12, 2023, 11:48 a.m.
Countries: China
Variables: ATDW-LAW-1

"There have...been concerns that a recent change to China's civil code - which introduced a mandatory 30-day 'cooling-off' period for couples wishing to divorce - may make it harder for victims to leave abusive marriages" (para 21).
Sept. 7, 2023, 1:32 p.m.
Countries: Nepal

"The law contains discriminatory provisions. For example, the law on property rights favors men in land tenancy and the division of family property. The constitution, however, confers rights for women that had not previously received legal protection, including rights equal to those of their spouses in property and family affairs, and special opportunities in education, health, and social security" (27). "The law grants women equal shares of their parents’ inheritance and the right to keep their property after marriage, but many women were not aware of their rights, and others were afraid to challenge existing practice. The law also grants widows complete access to and authority over the estate of...more
Sept. 6, 2023, 1 p.m.
Countries: Montenegro
Variables: ATDW-LAW-1

"Spouses may amicably divide joint property by determining the parts in the whole property or a part of the property or of an individual item, as well as by determining that each spouse obtains certain items or rights from the property or that one spouse pays the other spouse the monetary value of his part. The agreement referred to in para 1 above must be made in writing" (44). "If an agreement is not reached, marital property shall be divided to equal parts. At the request of the spouse who proves that his contribution in gaining joint property is obviously and significantly higher than the contribution of the other spouse,...more
Aug. 24, 2023, 1:01 p.m.
Countries: Jamaica
Variables: ATDW-LAW-1

"Except where the family home is held by the spouses as joint tenants, on the termination of marriage or cohabitation caused by death, the surviving spouse shall be entitled to one half share of the family home" (5). "Where under section 13 a spouse applies to the Court for a division of property the Court may- (a) make an order for the division of the family home in accordance with section 6 or 7, as the case may require; or (b) subject to section 17 (2), divide such property, other than the family home, as it thinks fit, taking into account the factors specified in subsection (2)" (12). The most...more
Aug. 23, 2023, 12:01 p.m.
Countries: Indonesia
Variables: ATDW-LAW-1

"Following dissolution of the community property, the total number of assets shall be divided into equal parts between the husband and wife, or their heirs, without taking into consideration which party the goods originated from. The rules stipulated in the seventeenth Chapter of the second book concerning separation of assets shall be applicable to the distribution of the assets which the legal community property comprises" (15). The most recent laws noted in the WomanStats Database (since 1847) relating to division of property in divorce are still current as of December 2022 and no changes have been made, as verified by consulting The Women, Business, and the Law database for 2022...more
Aug. 14, 2023, 4:11 p.m.
Countries: Guinea
Variables: ATDW-LAW-1

"In the event of divorce on joint request, the spouses settle themselves the provisional measures in the temporary agreement which must be attached to their initial request. However, the judge may have the clauses of this agreement which it considers to be contrary to the interests of the children" (68). The most recent laws noted in the WomanStats Database (since 2016) relating to property division are still current as of December 2022 and no changes have been made, as verified by consulting The Women, Business, and the Law database for 2022 (JLR-CODER COMMENT).
Aug. 11, 2023, 12:32 p.m.
Countries: Georgia
Variables: ATDW-LAW-1

"Matrimonial property shall be divided by mutual agreement of the spouses, or, if no such agreement is reached, by a court. The court shall determine which thing belongs to which spouse. Things required for professional activities (musical instruments, medical equipment, a book collection, etc.) shall be transferred to the spouse who needs them for his or her professional activities even if they were acquired during the marriage with the joint funds of the spouses. If matrimonial property is divided in such a way that one of the spouses receives the things the value of which exceeds the share to which the spouse is entitled, the other spouse shall be given...more
Aug. 11, 2023, 11:25 a.m.
Countries: Gambia
Variables: ATDW-LAW-1

"Every woman shall enjoy equitable rights as men in case of separation, divorce or annulment of marriage, subject to personal law...In the case of separation, divorce or annulment of marriage, a man and a woman have the right to an equitable sharing of the joint property derived from the marriage" (20). The most recent laws noted in the WomanStats Database (since 2010) relating to division of property are still current as of December 2022 and no changes have been made, as verified by consulting The Women, Business, and the Law database for 2022 (JLR-CODER COMMENT).
Aug. 9, 2023, 2:44 p.m.
Countries: Estonia
Variables: ATDW-LAW-1

"(1) At the request of a spouse, a court shall divide the objects of standard furnishings of the housing of the family which are in common ownership of the spouses fairly and rationally. (2) An object of standard furnishings connected with the housing of the family which the spouses have acquired during marriage for a charge for use in their shared household, shall be deemed to be in the joint ownership of the spouses in the case of division of property pursuant to subsection (1) of this section unless the sole ownership of one spouse with respect to this object is proved. (3) An object transfer into the ownership of...more
Aug. 8, 2023, 3:01 p.m.
Countries: Equatorial Guinea

"The delegation said the Covenant had primacy over customary law. For example, customary laws related to the majority ethnic group, the Fang, provided that when a marriage was dissolved the woman should be left with nothing. And yet, an equal sharing of the assets acquired during the marriage had been imposed in the country" (para 33).
Aug. 8, 2023, 12:20 p.m.
Countries: Senegal
Variables: ATDW-LAW-1, ADCM-LAW-1

"Article 34-2 of Organic Act No. 2017-09 of 17 January 2017 on the Supreme Court states: 'The petitioner of a cassation appeal shall be required to submit a deposit to cover the payment of fixed stamp and registration duties. Failure to do so shall result in the petitioner being barred and, consequently, forfeiting the appeal. Except in cases provided for in other laws, legal persons, persons entitled to legal aid and persons initiating legal proceedings relating to family law, labour and social security law and administrative matters shall be exempt from the requirement to submit a deposit.'" (5).
Aug. 3, 2023, 10:08 a.m.
Countries: Czech Republic
Variables: ATDW-LAW-1

"Section 741: If, within three years from reduction, cancellation or extinction of community property, no settlement of what was formerly part of the community property takes place, even by agreement, and no application for settlement by a court decision is filed, the spouses or former spouses are conclusively presumed to have settled as follows: a) corporeal movable things are owned by the spouse who uses them exclusively as an owner for his own needs or the needs of his family or family household, b) other corporeal movable things and immovable things are under undivided co-ownership of both spouses; their shares are equal, c) other property rights, claims and debts belong...more
Aug. 2, 2023, 2:52 p.m.
Countries: Cyprus
Variables: ATDW-LAW-1

"There is a popular misconception that the matrimonial estate is split equally between the separating couple. In actual fact in matrimonial finance cases in Cyprus there is a rebuttable presumption that the claimant is entitled to 1/3 of the estate of the former spouse acquired during the marriage. The onus is then on the claimant to prove that he or she in fact contributed more than 1/3 to the increase in the value of the former spouse’s estate. The court will look to the contribution in the ‘increase in the value of the estate of the other side’ to determine what the claimant spouse is entitled to. Property is divided...more
Aug. 1, 2023, 2:04 p.m.
Countries: Comoros
Variables: ATDW-LAW-1

"Unless otherwise stipulated in their marriage contract, the spouses are separated from property and each of them retains the administration, enjoyment and free disposal of its personal property. Subject to inheritance rights, women do not have the right to ownership of the dwelling in which she was installed by her husband. Conversely, this one can claim any right to his wife's housing. In the absence of proof of their specific character, real estate acquired during the marriage, with the exception of inheritance, are common to both spouses. The furniture with which the house is furnished remains attached to it even though it is would have been bought by the husband...more
July 27, 2023, 4:04 p.m.
Countries: China
Variables: ATDW-LAW-1

"If there is no property division agreement, the personal property (non-marital property) remains the property of that spouse alone and the marital property (community property) may be split 50/50 between the couple. Under special circumstances, one party may be granted more than half of the marital property" (para 1)
July 25, 2023, 3:52 p.m.
Countries: Bulgaria
Variables: ATDW-LAW-1

"(1) Where the matrimonial community of property is terminated due to divorce, the court may award a greater share of the common property to the spouse exercising the parental rights over children under age where this creates particular difficulties to this spouse. (2) The spouse exercising the parental rights over children under age shall be awarded, beyond his or her share, the movable property needed for their upbringing and nurturing. (3) Where the community of property is terminated due to divorce or under Article 27, paragraph 2, the court may award a greater share of the common property to either spouse provided that the contribution of this spouse substantially exceeds...more
July 25, 2023, 10:44 a.m.
Countries: Cambodia
Variables: ATDW-LAW-1

"[W]omen are prohibited from remarrying within 120 days of divorce under article 950 of the Civil Code" (15).
July 21, 2023, 11:58 a.m.
Countries: Azerbaijan
Variables: ATDW-LAW-1

"According to Article 36 of the [Family] Code, the partition of common properties of spouses is administrated in wedlock period, and also following after either of them files a claim for divorce or on the basis of a claim on partition of common properties when it becomes imperative to cover the creditor payments at the expense of either of them using their common property. In case of litigation, the partition of common properties of spouses, including the definition of property shares of either of them are realized via the court" (36).
July 20, 2023, 11:24 a.m.
Countries: Bhutan
Variables: ATDW-LAW-1

"Except for the properties owned by parties to the marriage prior to the marriage, a husband and· wife recognized as a joint family, in the event of divorce, shall share equally between themselves, the properties acquired by them jointly subsequent to their marriage, or acquired as a gift (SOLRA) and registered in the name of either of them" (18). "If a husband and wife who seek divorce due to commission of misdemeanor by either party to the marriage have children, then after partitioning the properties over which they have their separate and individual rights in accordance with the provisions of Section Ga 6-14, the portion of the properties which is...more
July 18, 2023, 3:35 p.m.
Countries: Japan
Variables: ATDW-LAW-1

"(Distribution of Proceeds in Cases of Joint Mortgages) Article 392(1)If an obligee holds mortgages on several immovable properties to secure the same claim, and the proceeds of those immovable properties are to be distributed simultaneously, the burden of the claim is divided in proportion to the value of each of the immovable properties. (2)If an obligee holds mortgages on several immovable properties to secure the same claim, and the proceeds from only one of the immovable properties are to be distributed, the mortgagee may receive the payment of the entire claim out of those proceeds. In this case, subordinated mortgagees may exercise their mortgages in subrogation of that mortgagee, up...more
July 18, 2023, 2:35 p.m.
Countries: Bahamas
Variables: ATDW-LAW-1

"The overriding objective in property adjustment cases is to be fair. The starting point for the division of property is the general rule that all property which is 'matrimonial property' is subject to the equal sharing principle" (6). "But there is one principle of universal application which can be stated with confidence. In seeking to achieve a fair outcome, there is no place for discrimination between husband and wife and their respective roles.....But whatever the division of labour chosen by the husband and wife, or forced upon them by circumstances, fairness requires that this should not prejudice or advantage either party when considering parties' contributions......There should be no bias in...more
July 13, 2023, 1:02 p.m.
Countries: Norway
Variables: ATDW-LAW-1

"In the event of a separation or divorce, the Marriage Act establishes limitations for both spouses on the right of disposal of marital property until a decision has been made as to what is to be done with each individual property or right in the settlement between the spouses (Marriage Act, 1991)" (9).
July 11, 2023, 2:55 p.m.
Countries: Ireland
Variables: ATDW-LAW-1

"The court shall have regard to the terms of any separation agreement which has been entered into by the spouses and is still in force. Irish law requires proper provision, rather than what might be deemed as 'fair provision', and in particular notes that equal division was not what had been directed by the legislator. Proper provision is not a case of who contributed 'more' but rather what is now appropriate and available for the parties. It is a balancing act. The Courts have expressed support for the notion that couples can make agreements between themselves as to how they wish to order their affairs. Any such agreement should be...more
July 10, 2023, 9:26 p.m.
Countries: Maldives
Variables: ATDW-LAW-1, ADCM-LAW-1

"The Second Amendment to the Family Act (9/2016) now provides for the equal distribution of matrimonial property after divorce." (6). "Article 34 of the 2008 Constitution provides for the right to marry and establish a family. The Government supports and respects choices made by Maldivians in defining their own families and provide substantial protection (such as the payment of alimony, strict procedural criteria for divorce proceedings etc.) to families, women and children in accordance with the above Articles." (34). "Law Number 4/2000 (Family Act) codifies the family related Shari’ah provisions in effect in the Maldives. An amendment to the Family Law, ratified in 2016, now provides for the equal distribution...more
June 29, 2023, 1:38 p.m.
Countries: Indonesia
Variables: ATDW-LAW-1

"If there is no prenuptial agreement, joint property is divided equally" (4). "In the event of divorce, civil law stipulates that both spouses retain the properties that they owned individually prior to the marriage and must divide equally any joint property (Marriage Law, Articles 35 and 36)" (8).
June 29, 2023, 11:06 a.m.
Countries: Iceland
Variables: ATDW-LAW-1

"Each of the spouses, or his or her estate at death, shall have a claim to one half of the net matrimonial property of the other, provided other statute provisions do not lead to a different arrangement. The principle of division into equal halves and the provisions concerning distribution of separate property can be subject to exception if a settlement of assets and liabilities would otherwise be manifestly unreasonable for either spouse. This shall apply, in particular, when considering the financial situation of the spouses and the duration of their marriage, or if one spouse has, at the time of marriage, contributed significantly more than the other to their joint...more
June 28, 2023, 4:20 p.m.
Countries: Honduras
Variables: ATDW-LAW-1

"Those assets that at the dissolution of the marriage had not been distributed, may not be leased for more than five (5) years, nor alienated, nor encumbered, without the consent of the other spouse and if they were persecuted by personal creditors may only be awarded or auctioned in half of its value, considering from that moment that the other half belongs to the non-acted spouse" (16).
June 28, 2023, 3:04 p.m.
Countries: Haiti
Variables: ATDW-LAW-1

"Article 1248 of the Civil Code infringes on the rights of divorcees, as it states that if the wife does not formally request partition of the communal property within three months and 40 days of the divorce resolution it shall be deemed declined in favour of the husband...Article 1324 also privileges the husband, in which it states that in case of separation, if the wife leaves any of her property to the husband, he only is obliged to declare existing assets; consumed assets will not provoke liability on his part" (3).
June 27, 2023, 2:02 p.m.
Countries: Algeria
Variables: ATDW-LAW-1

"Married couples retain separate rights to property according to the Family Code (Code de la Famille, 2007: Article 37). Spouses enjoy the right to retain property acquired prior to marriage, and to make use of it as they see fit (Code de la Famille, 2007: Article 37). The Family Code nevertheless recognises property acquired during marriage, although ownership must be divided and agreed upon by the married couple themselves (Code de la Famille, 2007: Article 37). Upon dissolution of the marriage, the law dictates that husbands are entitled to keep property that is 'exclusively for male use' while wives lay claim to property 'exclusively for female use' (Code de la...more