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

Latest items for ATDW-LAW-3

Aug. 8, 2023, 12:20 p.m.
Countries: Senegal
Variables: ATDW-LAW-3

"At the end of the work, proposals were made to amend certain provisions of the Family Code...They concern, in particular, amendments to the provisions of the Family Code relating to...causes of divorce (article 166)..." (25)(NF - CODER COMMENT - Causes of divorce include: declared absence of one of the spouses; adultery on behalf of the husband; conviction of a crime one; Lack of maintenance of the wife by the husband; Refusal of one of the spouses to carry out the commitments made prior to marriage; Abandonment of the family or from the marital home; Ill-treatment, abuse or serious insults making existence in common impossible; Medically established definitive sterility; Serious and...more
June 20, 2023, 9:30 p.m.
Countries: Nicaragua
Variables: ATDW-LAW-3, ATDW-LAW-4

"One or both parties may, without the need to cite any grounds whatsoever, request the dissolution of the marriage or de facto union." (32).
April 1, 2023, 9:26 p.m.
Countries: Uzbekistan
Variables: ATDW-LAW-3, ATDW-LAW-4

"A significant contribution to the development of gender legislation adopted in Uzbekistan was made in 2019 by, inter alia:…[T]he Act amending and supplementing article 15 of the Family Code of 28 August 2019…"(4)(NF - CODER COMMENT - Under this legislation, one of both spouses can file for divorce. The divorce is finalized if the Court feels there is no possible reconciliation of the marriage. If filed in the civil registry office, grounds for divorce must be one of the following: missing spouse, has been declared incapacitated by the Courts due to mental illness, or imprisonment for more than 3 years). "Major steps have also been taken to eliminate outmoded national...more
Feb. 4, 2023, 6:14 p.m.
Countries: Namibia
Variables: ATDW-LAW-3

"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 Divorce Bill is under development and once promulgated it will make divorce flexible as it will do away with the fault based system currently in place under the existing Divorce Act of 1935. The Divorce Bill seeks to replace the Roman-Dutch Common Law grounds for divorce, based on...more
Jan. 10, 2022, 10:08 a.m.
Countries: Philippines
Variables: ATDW-PRACTICE-1, ATDW-PRACTICE-2, ATDW-LAW-3, ATDW-LAW-4, ATDW-LAW-5

"The law does not provide for divorce. Legal annulments and separation are possible, and courts generally recognized divorces obtained in other countries if one of the parties was a foreigner. These options, however, are costly, complex, and not readily available to the poor. The Office of the Solicitor General is required to oppose requests for annulment under the constitution. Informal separation is common but brings with it potential legal and financial problems. Muslims have the right to divorce under Muslim family law" (28).
Jan. 6, 2022, 12:09 p.m.
Countries: Somalia
Variables: ATDW-LAW-3

"Not necessarily, women are not divorced on the grounds of infertility. However, he may take up a 2nd wife. I have seen cases when a woman is infertile she is okay in having her husband take up a 2nd wife" (1).
April 22, 2020, 5:16 p.m.
Countries: Lebanon
Variables: ATDW-LAW-3

"While restrictions on the termination of marriage extend equally to both men and women, there are instances which allow men more grounds for divorce or annulment than women such as under the Orthodox church, a man can be granted a divorce if he discovers his wife is not a virgin after they marry" (68).
Sept. 4, 2018, 10:26 a.m.
Countries: Nepal
Variables: ATDW-LAW-3

"The law encourages bigamy by allowing men to remarry without divorcing if the first wife is incapacitated or infertile" (31).
Oct. 4, 2017, 7:02 p.m.
Countries: Afghanistan
Variables: ATDW-PRACTICE-2, ATDW-PRACTICE-3, ATDW-LAW-3, ATDW-DATA-1

"Infertility or childlessness in Afghan society is considered a taboo and almost always women are blamed for it. In fact, often people only take the woman to the doctor when problems with infertility arise. Sometimes, men marry a second or third wife to get children, without checking their own health, because it is assumed that the problem must be with the woman"(para 6)."In Afghanistan, when a man has reproductive system issues, the family will do anything to sweep the story under the rug. But, when a woman can’t conceive, the story is discussed everywhere, in her presence and absence. Moreover, the husband gets all the sympathy from the family members...more
March 28, 2017, 1:47 p.m.
Countries: Guinea-Bissau
Variables: ATDW-LAW-3

"Marriages dissolve for a number of reasons that include quarreling, marrying strangers via arranged marriages, infertility, and age differ-ences, which may be considerable" (526).
Sept. 13, 2016, 5:02 p.m.
Countries: India
Variables: ATDW-LAW-3

“Most of the 170 million Muslims in India are Sunnis governed by Muslim Personal Law for family matters and disputes. Those laws include allowing men to divorce their wives by simply uttering the word ‘talaq,’ or divorce in Urdu, three times — and not necessarily consecutively, but at any time, and by any medium including telephone, text message or social media post” (para 6). According to this law, Muslim men can divorce their wives for any reason, including infertility (MM - CODER COMMENT)
Sept. 9, 2016, 12:34 p.m.
Countries: Sudan
Variables: ATDW-LAW-3

"Studies show that divorce is most likely to occur early in marriage. Infertility seems to be the main cause for breaking up a marriage. Despite existing divorce rates, the negligible numbers of individuals whose marital status is listed as 'divorced', according to censuses particularly males, could be an indication of remarriage (Fargues, 2001)...Fertility rates in countries of the North Africa region have shown a significant decline even by international standards (UNDP, 2002)...The remaining countries: Algeria, Egypt, Libyan Arab Jamahiriya, Morocco and the Sudan have fertility rates between three and five births per woman" (11).
Aug. 26, 2016, 9:44 a.m.
Countries: Slovakia
Variables: ATDW-LAW-3, ATDW-LAW-4

"A court may dissolve a marriage in response to a petition by one of the spouses, provided relations between the spouses are so seriously and permanently impaired that the marriage can no longer serve its purpose and the spouses cannot be expected to resume marital cohabitation" (para 2)
Aug. 26, 2016, 8:07 a.m.
Countries: Serbia
Variables: ATDW-LAW-3, ATDW-LAW-4

"Divorce is very liberal in Serbia. Reasons for divorce, according to the Family Law Act, can include a seriously and permanently disturbed marital relationship and the spouses no longer being able to live together for some solid reason – for example, if a spouse has gone missing. In practice, however, a divorce is usually achieved through one of the spouses simply leaving the relationship and declaring that they no longer want to be married" (para 7)
Aug. 23, 2016, 8:11 a.m.
Countries: Serbia
Variables: ATDW-LAW-3

"Other changes [made by the new family code] included the decriminalization of adultery and a streamlining of divorce, which is now accepted under one of two conditions: either a divorce by mutual consent of both spouses, or a divorce resulting from the breakdown of the marriage" (1086)
Aug. 23, 2016, 7:37 a.m.
Countries: Slovenia
Variables: ATDW-LAW-3

"[In the past,] The diverse family laws produced inequities and severely obstructed everyday life, especially the lives of women. At the same time, the number of separated persons was increasing, especially because of the increased financial independence of women as their educational levels rose and their opportunities in the paid workforce increased. The major reasons for divorce from women’s point of view were husbands’ infidelity, physical abuse, and alcoholism; from men’s point of view, the main reasons for divorce were their wives’ sterility and infidelity.The situation changed considerably during the regime of the Socialist Federal Republic of Yugoslavia (1945–92). Spousal equality was established...and when a marriage was dissolved, spouses were...more
Aug. 23, 2016, 7:36 a.m.
Countries: Slovenia
Variables: ATDW-LAW-3

"Spouses are not required to specify their reasons for divorce; they need only state that the marriage has become unsustainable for one of them. The marriage can be dissolved in two ways: by mutual consent or through litigation" (1112)
Aug. 22, 2016, 9:03 a.m.
Countries: Solomon Islands
Variables: ATDW-LAW-3, ATDW-LAW-4

"Divorce in the Solomon Islands is fault-based. The Islanders Divorce Act of 1960 provides for divorce on the grounds of adultery, desertion without cause (for a period of three years immediately preceding the petition), cruelty, incurable insanity (as proved by treatment for at least five years immediately preceding the presentation of the petition), and the husband’s guilt in perpetrating rape, sodomy, or bestiality on the wife" (1130)
Aug. 22, 2016, 8:58 a.m.
Countries: Senegal
Variables: ATDW-LAW-3

"In a judicial divorce, there are two possibilities: divorce by mutual agreement and a contested divorce. In the latter case, the judge will listen to the couple’s arguments and make a decision. Grounds for divorce include absence, adultery, criminal activity, abandonment, mistreatment, sterility, incurable illness, incompatibility, and the husband’s inability to support his wife" (1078)
Aug. 22, 2016, 8:57 a.m.
Countries: Senegal
Variables: ATDW-LAW-3

"If a civil marriage ends in divorce, it must be a divorce granted by a judge, and for that reason divorce is uncommon outside urban areas. In rural areas, de facto divorce by physical separation is more common, and such technically married spouses may even remarry. On the other hand, Islamic religious marriages do not require the involvement of a judge in order to end in divorce—but the power to divorce in such cases lies almost solely with the husband, who can divorce at will. Women wishing a divorce, whose husbands contest it, must show cause...Under the 1963 constitution, Senegal is a secular state. Indeed, the Islamic practice of repudiation,...more
Aug. 22, 2016, 8:56 a.m.
Countries: Senegal
Variables: ATDW-LAW-3

"The most frequent cause of divorce is repudiation, even though it has been outlawed since the 1970s. According to Islamic tradition, the husband declares in front of witnesses that he repudiates his wife, declaring her divorced. No reason need be given. A wife, on the other hand, may be granted a divorce if her husband has abandoned the household (or is imprisoned) or if he is sick or impotent. In such cases, reimbursement of the dowry is not required. Other grounds for a wife to divorce her husband, requiring a dowry reimbursement, are insufficient financial support, an absence of a dowry payment, incompatibility, and an absence of sexual relations" (1078)more
Aug. 15, 2016, 11:59 a.m.
Countries: Romania
Variables: ATDW-LAW-3, ATDW-LAW-4

"In 2009, reasons for divorce included domestic violence (4.6 percent), alcoholism (5.8 percent), adultery (7.5 percent), mixed causes (8.2 percent), and incompatibility (29.5 percent); 44.4 percent also cite 'other' reasons...However, no-fault divorce is increasingly frequent, especially for urban, middle-class couples" (1046). There is no record of infertility or the lack of sons as being a reason that would likely be included under the 44.4% who cite 'other' reasons for divorce (RNP-CODER COMMENT)
Aug. 15, 2016, 9 a.m.
Countries: Portugal
Variables: ATDW-LAW-3

"Subjective grounds are the following: a culpable violation of matrimonial duties jeopardising, by its gravity or repetition, the possibility of matrimonial life...Article 1672 (Portuguese Civil Code) refers to the duties which are incumbent upon both spouses ; duties of respect, fidelity, cohabitation, co-operation and assistance" (4)
Aug. 15, 2016, 8:10 a.m.
Countries: Palestine
Variables: ATDW-LAW-3, ATDW-LAW-4

"Amal Syam, director of the Women's Affairs Center in Gaza,...told Al-Monitor. 'The Palestinian personal status law is biased in favor of men, as a man can divorce his wife any time he wants, without any reasons given and without filing a lawsuit. In this case, he just has to respect the wife's financial rights. Yet, with the new decision, a man can lodge a divorce lawsuit without fulfilling his wife's rights'" (para 6)
Aug. 15, 2016, 7:19 a.m.
Countries: Pakistan
Variables: ATDW-PRACTICE-2, ATDW-PRACTICE-3, ATDW-LAW-3, ATDW-LAW-4, ATDW-LAW-5

"Historically, divorce has been considered the prerogative of men, who according to some interpretations of Islamic law have the unilateral right to divorce women. Men’s ability to divorce women with or without reason has served to maintain male dominance within marriages. The patriarchal divorce laws in Pakistan, however, have been reformed over time. Women now have the ability to initiate divorce and secure it within six months. However, a lack of awareness about divorce laws, particularly among women in the rural areas, remains a major obstacle. This along with other factors, such as widespread stigmatization of divorce, women’s economic dependence on their husbands, and limited access to legal institutions, has...more
Aug. 12, 2016, 7:15 a.m.
Countries: Niger
Variables: ATDW-LAW-3

"Parents arrange marriages for girls as young as 9 or 10, who are physically ill prepared for giving birth. They are usually abandoned if they become infertile as a result of childbirth complications" (887)
July 27, 2016, 4:20 p.m.
Countries: Venezuela
Variables: ATDW-LAW-3

"Chapter XII On the dissolution of marriage and separation Section I On divorce Art.185 The following are grounds for divorce 1) Adultery 2) Voluntary abandonment 3) Excesses, extreme cruelty and/or grave offenses that make conjugal life impossible 4) The intention of one of the spouses to corrupt or prostitute the other spouse or the children or the tolerance of their corruption or prostitution. 5) A jail sentence 6) Alcohol addiction and other forms of dependence on pharmaceuticals that make conjugal life unbearable. 7) Interdiction due to grave psychiatric problems that make conjugal life impossible." Infertility is not explicitly cited as grounds for divorce; this was translated from Spanish to English...more
July 27, 2016, 4:12 p.m.
Countries: Mexico
Variables: ATDW-LAW-3

Chapter X On Divorce Art.267 The following are grounds for divorce I. Adultery and proof thereof provided by on of the spouses II. If the woman delivers a child that was conceived before the marriage and this child is declared illegitimate. III. The husband's proposal to prostitute his wife, not only when he explicitly propose it, but when he has received money or any kind of remuneration with the explicit intent to prostitute his wife. IV. If one spouse encourages the other to violence to commit a crime, even if this is not prostitution. V.Immoral acts executed by the husband or the wife to corrupt their children, as well as...more
July 27, 2016, 3:25 p.m.
Countries: Uruguay
Variables: ATDW-LAW-3

“Section I Legal separation Art.148 A legal separation can only take place: 1) Because either one of the spouses was adulterous 2) Because of a condemned attempt against the life of the other spouse 3) Because of deep offenses against each other. The judge will determine what is considered a deep offense according to the degree of education and condition of the offended spouse. 4) Because the husbands proposes to prostitute his wife 5) Because either spouse intends to prostitute the children. 6) When there are constant and continuous fights between the spouses that make conjugal life unbearable. 7) If one spouse is sentenced to over 10 years in prison....more
July 26, 2016, 6:39 p.m.
Countries: Netherlands
Variables: ATDW-LAW-3, ATDW-LAW-5

"According to the Netherland's law there is only one ground for divorce: the permanent breakdown of the marriage. A marriage is seen as permanently broken down, when continuing the conjugal life is considered unbearable for the spouses and there seem to be no chances of reconciliation. In the case of a one sided divorce suit, the spouse filing for divorce need to prove the permanent breakdown of the marriage. The court will then decide if there was a permanent breakdown of the marriage. In the case of a conjoint divorce suit the court will make its decision based on the fact that both spouses are convinced that the marriage is...more