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

Latest items for ATDW-LAW-5

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
July 13, 2020, 11:47 a.m.
Countries: Czech Republic
Variables: ATDW-LAW-5

"The grounds for divorce are a deep, permanent and irretrievable breakdown of the marriage, where the spouses cannot be expected to be able to live together again" (para 7).
July 13, 2020, 11:44 a.m.
Countries: Croatia
Variables: ATDW-LAW-5

"The preconditions for divorce are governed by the provisions of Article 51 of the ObZ 2015 Pursuant to the aforementioned legal provisions, the court dissolves a marriage: 1. if there is an agreement between the spouses regarding divorce, 2. if it has been determined that the marital relationship between the spouses has broken down severely and permanently, or 3. if a year has passed since the 'termination of the marital union'" (para 2).
July 13, 2020, 11:40 a.m.
Countries: Costa Rica
Variables: ATDW-LAW-5

"""The impossibility of continuing a life in common in marriage, due to incompatibility, will be a new cause for divorce"" (para 1). ""The current law contemplates that adultery, mistreatment and the attack of a spouse or the children, either towards their life or to corrupt them, or prostitute them, that there is a disappearance of one of the spouses or that there is a de facto separation of 3 years, are grounds for divorce in Costa Rica"" (para 8).
July 10, 2020, 7:22 p.m.
Countries: Bahamas
Variables: ATDW-LAW-5

"This brings me to the legal grounds for divorce in The Bahamas: adultery; cruelty – mental, emotional or physical; desertion for at least two years; separation (living separate and apart) for five years; or homosexuality and bestiality (a member of the marriage has been guilty of a homosexual act, sodomy or has had sexual relations with an animal)" (para 2).
July 10, 2020, 7:19 p.m.
Countries: Austria
Variables: ATDW-LAW-5

"The basic ground for divorce is the irretrievable breakdown of the marriage. The breakdown may be the result of serious marital misconduct on the part of one partner, in particular where one spouse has been unfaithful or has inflicted physical violence or serious psychological suffering on the other. Even if the behaviour cannot be regarded as marital misconduct because it is due to a mental disturbance, but the marriage has nevertheless broken down so irretrievably that there is no prospect of a resumption of a true marital relationship, or if one spouse is mentally ill or suffers from a highly infectious or repulsive disease, the other spouse may petition for...more
July 10, 2020, 7:15 p.m.
Countries: Australia
Variables: ATDW-LAW-5

"The only grounds for divorce is that the marriage has broken down irretrievably. That is, that there is no reasonable likelihood that you will get back together. You must have been separated for at least 12 months and one day in order to satisfy the Court that the marriage has broken down irretrievably" (para 8).
April 22, 2020, 5:16 p.m.
Countries: Lebanon
Variables: ATDW-LAW-5

"Sunni and Shia laws in Lebanon grant men an absolute right to divorce while women only have a conditional right to divorce. Under these laws, spouses may agree to share the right to dissolve the marriage by giving the wife the `isma, or the power to divorce without her husband’s consent. In practice, this is rarely done and largely rejected by society" (12). "Under Druze law, men also have an absolute right to unilaterally terminate a divorce at will and without cause but must do so in a court. Druze women can also be compensated if a judge finds that her husband is divorcing her absent a legitimate reason. Additionally,...more
Jan. 6, 2020, 10:14 p.m.
Countries: Iraq
Variables: ATDW-LAW-5

"When she was released from prison, she went to seek a divorce in court, as she was not allowed to do so in prison" (para 10).
Dec. 8, 2019, 5:21 p.m.
Countries: India
Variables: ATDW-LAW-5

"India's parliament has approved a bill that makes the Muslim practice of 'instant divorce' a criminal offence. 'Triple talaq', as it's known, allows a husband to divorce his wife by repeating the word 'talaq' (divorce) three times in any form, including email or text message. The Supreme Court declared the practice unconstitutional in 2017. Supporters say the new measure protects Muslim women. Opponents say the punishment is harsh and open to misuse. Men found in breach of the new law can be jailed for up to three years. The bill was first tabled in 2017 but stalled in the upper house of parliament, where some MPs called it unfair. India's...more
Dec. 8, 2019, 5:21 p.m.
Countries: Bangladesh
Variables: ATDW-LAW-5

"Most Islamic countries, including Egypt, the United Arab Emirates, Pakistan and Bangladesh, have banned triple talaq, but the custom continued in India, which does not have a uniform set of laws on marriage and divorce that apply to every citizen" (para. 15).
Dec. 8, 2019, 5:20 p.m.
Countries: Pakistan
Variables: ATDW-LAW-5

"Most Islamic countries, including Egypt, the United Arab Emirates, Pakistan and Bangladesh, have banned triple talaq, but the custom continued in India, which does not have a uniform set of laws on marriage and divorce that apply to every citizen" (para. 15).
Dec. 8, 2019, 5:18 p.m.
Countries: United Arab Emirates
Variables: ATDW-LAW-5

"Most Islamic countries, including Egypt, the United Arab Emirates, Pakistan and Bangladesh, have banned triple talaq, but the custom continued in India, which does not have a uniform set of laws on marriage and divorce that apply to every citizen" (para. 15).
Dec. 8, 2019, 5:18 p.m.
Countries: Egypt
Variables: ATDW-LAW-5

"Most Islamic countries, including Egypt, the United Arab Emirates, Pakistan and Bangladesh, have banned triple talaq, but the custom continued in India, which does not have a uniform set of laws on marriage and divorce that apply to every citizen" (para. 15).