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

Latest items for ATDW-LAW-5

Aug. 28, 2021, 11:07 a.m.
Countries: Estonia
Variables: ATDW-LAW-5

"A marriage terminates if a spouse dies or in case of a divorce. A vital statistics office may grant divorce upon agreement of the spouses on the basis of a joint written petition and on condition that both spouses reside in Estonia. A marriage may be divorced also by a court judgement on the basis of an action of one spouse may be divorced also by a court judgement on the basis of an action of one spouse against the other. A divorce may be granted by the court if conjugal relations have against the other. A divorce may be granted by the court if conjugal relations have defidefinitively terminated,...more
Aug. 20, 2021, 1:37 p.m.
Countries: Cambodia
Variables: ATDW-LAW-5

"For the most part, women had... the same legal status to initiate divorce proceedings" (22).
Aug. 17, 2021, 2:50 p.m.
Countries: Sierra Leone
Variables: ATDW-PRACTICE-1, ATDW-LAW-5

"Either spouse may acquire property in their own right and women may obtain divorce without being forced to relinquish dowries" (p 19).
July 26, 2021, 7 p.m.
Countries: Egypt
Variables: ATDW-PRACTICE-2, ATDW-LAW-5

"'[Can’t] we issue a law stipulating that divorce becomes invalid except in the [presence of] the marriage official to give people [who decided to get divorce] the chance to rethink their decision?,' Sisi said, calling for invalidating oral divorce. Sisi justified his proposal, saying that the invalidation of oral divorce will help protect families from being affected by only two words that a husband may say while infuriated. In Islam, if a husband voluntarily told his wife 'Anti Taleq' (you are divorced), then the wife is considered divorced unless he was threatened or compelled to say so" (para 6-7).
July 20, 2021, 8 p.m.
Countries: United Arab Emirates
Variables: ATDW-LAW-5

"Divorce is also much harder for women. While men can unilaterally divorce their wives, women wanting to divorce have to apply for a court order" (Para 11).
July 20, 2021, 7:53 p.m.
Countries: United Arab Emirates
Variables: ATDW-LAW-5

"Divorce is also much harder for women. While men can unilaterally divorce their wives, women wanting to divorce have to apply for a court order" (Para 11).
July 16, 2021, 4:37 p.m.
Countries: China
Variables: ATDW-LAW-5

"Of divorce cases that go to court, more than 70% are initiated by women, China’s highest-ranking judge has said" (para 20).
July 7, 2021, 11:18 a.m.
Countries: Saudi Arabia
Variables: ATDW-LAW-5

"A man may also divorce his wife without the woman's consent.On Sunday, the Saudi justice ministry said courts were required to notify women by text message that their marriages had been terminated, a measure seemingly aimed at ending cases of men getting a divorce without informing their partners"(para 102,103).
July 7, 2021, 9:52 a.m.
Countries: Ireland
Variables: ATDW-LAW-5

"Ireland has voted to ease restrictions on divorce after the result of a landslide referendum. Married couples will now be able to legally divorce after living apart for two years. An 82 per cent Yes vote across Ireland was confirmed in the early hours of Sunday morning at Dublin Castle after 1.7million people cast their vote. Couples currently have to prove to a court that they have been separated for four of the previous five years before they can secure a divorce. Justice Minister Charlie Flanagan is now set to bring forward a Bill to reduce the minimum living apart period to two out of three years.But he said 'core...more
July 1, 2021, 2:31 p.m.
Countries: United States
Variables: ATDW-LAW-5

"An example of this is New York state, which has seven statutory grounds for divorce. These are: Cruel treatment of one of those in the relationship by the other, [a]n absence of one for a year or more, [a]dultery, [o]ne being imprisoned for three or more years in a row after marriage, [t]he couple have had to live apart for a year or more due to a court order and have completed this within the terms of conditions of a decree or judgment, [t]he couple have lived apart for a year or more in accordance with a written agreement of separation, [or a] memorandum or the relationship has broken down...more
July 1, 2021, 2:22 p.m.
Countries: United Kingdom
Variables: ATDW-LAW-5

"Currently in England and Wales, unless someone can prove there was adultery, unreasonable behaviour or desertion, the only way to obtain a divorce without their spouse's agreement is to live apart for five years. The Ministry of Justice (MoJ) said this forces spouses wanting a divorce to submit evidence of a partner's wrongdoing or years of separation. They have to do this even when the decision to split is mutual. Spouses will be able to submit a 'statement of irretrievable breakdown' to apply for divorce under the new laws. There will also be the option for a joint application for divorce. Irretrievable breakdown of a marriage will remain as the...more
June 30, 2021, 4:23 p.m.
Countries: Turkey
Variables: ATDW-LAW-5

"The woman in Samsun, who is not being identified for her protection, had divorced him over his alleged violence" (para 13).
June 29, 2021, 9:03 a.m.
Countries: Ireland
Variables: ATDW-LAW-5

"Married couples will now be able to legally divorce after living apart for two years" (para 2). "Couples currently have to prove to a court that they have been separated for four of the previous five years before they can secure a divorce" (para 4). "Couples can currently secure a judicial separation in a shorter time frame, but they must then proceed to a second legal stage to obtain a formal court-approved divorce" (para 28). "A second element of the referendum focused on foreign divorces. The Yes vote is set to make it easier for those divorces to be recognised in Ireland" (para 30-31).
June 11, 2021, 2:48 p.m.
Countries: Israel
Variables: ATDW-LAW-5

"In Israel, men who withhold gets can be jailed, their driver’s license or medical license can be taken away." A "get" is the husband's permission for the wife to divorce him, which is necessary under Orthodox Judaism.
May 15, 2021, 7:08 p.m.
Countries: China
Variables: ATDW-LAW-5

"According to the letter of the law, a Chinese family court should be a safe haven for Wang Fumei (not her real name), a 36-year-old battered wife and mother of two. In-store security cameras were rolling when her husband, a heavy-drinking gambler, came to the shop where she worked in southern China, and beat her without pity. The tape is now with the police. It gives Ms Wang grounds to invoke a law against domestic violence that took effect in 2016, allowing judges to punish abusive partners" (para 1). "Judges are quick to spot those who arrive in court desperate for a divorce or for custody of a child. They...more
Feb. 23, 2021, 9:45 p.m.
Countries: United Kingdom
Variables: ATDW-LAW-5

"Boris Johnson has been criticised by his own backbenchers for green-lighting a law allowing no-fault divorces from as early as next month" (para 1). "The reforms will mean a 'no-fault' divorce can be granted to a couple after just six months, rather than the currently enforced separation by agreement after two years" (para 3). "It will also allow one partner to initiate divorce proceedings and begin a 20 week 'reflection period' without notifying their spouse, reported The Daily Telegraph" (para 4).
Feb. 4, 2021, 6:11 p.m.
Countries: Turkey
Variables: ATDW-PRACTICE-2, ATDW-LAW-5

"In Turkey, divorce falls under civil law thanks to Ataturk-era reforms after World War I. The separating parties have equal rights, except for a stipulation that women cannot remarry for 300 days after divorce without permission from the court" (para 34).
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).
Dec. 20, 2020, 6:53 p.m.
Countries: Bahrain
Variables: ATDW-LAW-5

Traditionally, divorce under Sharia law is the exclusive right of the man. Men are able to initate a divorce verbally or in writing, through an agent or directly. Women can only divorce if the right is stipulated in the marriage contract and a judge accepts the divorce in a Sharia court. Women can only apply for a divorce in extremely limited circumstances such as addiction, lack of proper support, or impotence (5).
Sept. 26, 2020, 4:34 p.m.
Countries: Afghanistan
Variables: LRCM-LAW-1, LRCM-LAW-2, MURDER-PRACTICE-1, IIP-PRACTICE-1, ATDW-PRACTICE-2, ATDW-LAW-5, DSFMF-LAW-1, DV-PRACTICE-1, DV-PRACTICE-2

“N. v. Sweden (no. 23505/09) (20 July 2010): The applicant, an Afghan national having an extra-marital affair with a man in Sweden, maintained that she risked social exclusion, long imprisonment or even death if returned to Afghanistan. Her applications for asylum were unsuccessful. The Court found that the applicant’s deportation from Sweden to Afghanistan would constitute a violation of Article 3 (prohibition of inhuman or degrading treatment or punishment) of the Convention. It noted that women were at particular risk of ill-treatment in Afghanistan if perceived as not conforming to the gender roles ascribed to them by society, tradition and even the legal system. The mere fact that the applicant...more
Sept. 11, 2020, 8:52 p.m.
Countries: Libya
Variables: ATDW-LAW-5

"Personal status laws discriminate against women with respect to marriage, divorce, and inheritance" (para 31)
Aug. 10, 2020, 7:03 p.m.
Countries: Afghanistan
Variables: ATDW-LAW-5

"Divorce rights between Muslim men and women are not equal. Both the Civil Code and the SPSL provide for three different mechanisms for divorce: (i) unilateral repudiation (talāq) by husbands; (ii) judicial divorce (fasakh) by wife on fault grounds; and (iii) redemptive divorce (khul’) by wife with consent of husband. The marriage may also be annulled. Under both the Civil Code and SPSL, the husband may unilaterally repudiate a marriage, which may be effectuated without much restrictions. While the Civil Code is silent on the requirement for witnesses to the repudiation, the SPSL specifically requires the presence of two male witnesses who must be Muslims. A woman can initiate a...more
Aug. 8, 2020, 6:27 p.m.
Countries: Algeria
Variables: ATDW-PRACTICE-2, ATDW-LAW-5

"Algeria's Family Code allows men to have a unilateral divorce without explanation but requires women to apply to courts for a divorce on specified grounds" (para 17).
July 14, 2020, 1:02 p.m.
Countries: South Korea
Variables: ATDW-LAW-5

"Koreans may seek a divorce for several reasons. Adultery, desertion, abuse of in-laws or the spouse are grounds. Not knowing if the spouse is alive (for three years or more) and irreconcilable difficulties are other reasons. A divorcing couple must first see an appointed family court official to address issues and we hope to avoid divorce" (para 3).
July 14, 2020, 12:59 p.m.
Countries: Slovakia
Variables: ATDW-LAW-5

"The court divorces the marriage if the relationships between the spouses are so seriously disturbed and permanently disrupted that the marriage can not fulfill its purpose and the spouses can not be expected to restore conjugal cohabitation. In this case, it requires the inability to restore conjugal cohabitation caused by high intensity of the breakdown of relations between the spouses. It is also required a serious disturbance of emotional relationships" (para 11).
July 14, 2020, 12:56 p.m.
Countries: Saudi Arabia
Variables: ATDW-LAW-5

"Divorce proceedings are extremely difficult for women in Saudi Arabia, with men heavily favored and women needing their ex-husband's permission to leave the country (para 5). "In Saudi Arabia, which abides by Islamic Sharia law, men can grant a divorce simply by speaking a few words. For women, however, the situation is much more complicated" (para 10). "When Vierra initially filed for the divorce, her husband refused to do so for more than a year, according to The Times. But, because Saudi law does permit women to request a cancellation of the marriage contract if the man doesn't live up to his duties, she reportedly petitioned a court to void...more
July 14, 2020, 12:53 p.m.
Countries: Poland
Variables: ATDW-LAW-5

"The grounds for divorce are that a marriage has broken down completely and irretrievably. Both conditions must be met (Article 56(1) of the Family and Guardianship Code). However, even if the marriage has broken down completely and irretrievably, divorce cannot be pronounced if this would harm the interest of underage children born to the marriage or if it would be incompatible with the rules of social co-existence for other reasons. Nor is divorce permitted when the petition is lodged by a spouse who bears sole responsibility for the breakdown of the marriage, unless the other spouse agrees to the divorce or their refusal to consent to the divorce is, in...more
July 14, 2020, 12:48 p.m.
Countries: Israel
Variables: ATDW-LAW-5

"In Israel, divorce law is decided by state ecclesiastical courts that run in accordance with religious laws. As a result, a Jewish woman who wants a divorce in Israel must stay married forever unless her husband releases her. It doesn’t matter if her husband has abandoned her, beaten her, committed adultery, is missing or incompetent. The state will not declare a Jewish marriage over until a husband physically delivers a religious bill of divorce – a get – to his wife. In observance of the religious rule that a get must be given of a man’s free and unimpeded will, the state is hesitant to apply any sort of pressure...more
July 13, 2020, 11:56 a.m.
Countries: Indonesia
Variables: ATDW-LAW-5

"Islamic family law was liberalised by the introduction of Law No. 1 of 1974 on Marriage, which allowed women to petition for divorce for the first time, and the 1991 Compilation of Islamic Law, which limited the rights of husbands to unilateral divorce (talak) by requiring all divorces to be heard in court, and regulated rights to spousal maintenance and child support post-divorce. These legislative instruments have become hallmarks of Islamic family law reform in Indonesia. The Compilation was authored by the Ministry of Religious Affairs and Supreme Court judges, and aimed to promote consistency in the application of Islamic law on marriage, inheritance and charitable giving. It states that...more
July 13, 2020, 11:52 a.m.
Countries: Ghana
Variables: ATDW-LAW-5

"The Matrimonial Causes Act, 1971 (Act 367) governs the current law on divorce in Ghana. The law provides that, a petition for divorce may be presented to the court by either party to a marriage. However, the petitioner of the divorce i. e the person who starts the proceedings must be able to provide evidence to the effect that the marriage has broken down beyond reconciliation. This in fact is the sole ground for divorce. That not withstanding this sole ground must be evidenced by proof of one of the following: 1) Adultery 2) Unreasonable Behavior 3) Desertion 4) Separation with consent for a period of 2 years 5) 5...more