Latest items for ATDW-PRACTICE-1
April 9, 2025, 10:24 p.m.
Countries: Maldives
Variables: ATDW-PRACTICE-1
"There is a lack of awareness on the need and benefit of establishing prenuptial agreements before marriage, especially in the islands. As stated in the paragraph 141 of the state report, the government has failed to raise awareness on the matter, especially in the island communities. Discussions with young women for this report revealed that there is a serious lack of understanding among girls on the benefits of such an agreement. The review of the existing pre-marital training program, could provide an avenue to increase awareness on prenuptial agreements and other laws and regulations on protecting women’s rights, especially within a marriage and a family" (16).
Variables: ATDW-PRACTICE-1
"There is a lack of awareness on the need and benefit of establishing prenuptial agreements before marriage, especially in the islands. As stated in the paragraph 141 of the state report, the government has failed to raise awareness on the matter, especially in the island communities. Discussions with young women for this report revealed that there is a serious lack of understanding among girls on the benefits of such an agreement. The review of the existing pre-marital training program, could provide an avenue to increase awareness on prenuptial agreements and other laws and regulations on protecting women’s rights, especially within a marriage and a family" (16).
March 3, 2025, 9:03 p.m.
Countries: China
Variables: ATDW-PRACTICE-1
"The Committee notes with concern that family courts rarely take incidents of gender-based violence into consideration for alimony payments or for decisions on child custody upon dissolution of a marriage, which may have a negative impact on women and their children who are victims of gender-based violence. The Committee is concerned that very few cases are designated as 'typical' by the Supreme People’s Court; that cases deal with family relations; that, despite a shift to the three-child policy, paternity leave policies and incentives for male caregivers have remained relatively unchanged; that abduction for marriage remains a problem; and that a 30-day 'cooling off' period in the Marriage Law before finalizing...more
Variables: ATDW-PRACTICE-1
"The Committee notes with concern that family courts rarely take incidents of gender-based violence into consideration for alimony payments or for decisions on child custody upon dissolution of a marriage, which may have a negative impact on women and their children who are victims of gender-based violence. The Committee is concerned that very few cases are designated as 'typical' by the Supreme People’s Court; that cases deal with family relations; that, despite a shift to the three-child policy, paternity leave policies and incentives for male caregivers have remained relatively unchanged; that abduction for marriage remains a problem; and that a 30-day 'cooling off' period in the Marriage Law before finalizing...more
Jan. 10, 2025, 2:14 p.m.
Countries: Indonesia
Variables: ATDW-PRACTICE-1
"Adultery charges must be based on police reports lodged by a spouse, parents or children" (par. 22).
Variables: ATDW-PRACTICE-1
"Adultery charges must be based on police reports lodged by a spouse, parents or children" (par. 22).
Jan. 8, 2025, 3:50 p.m.
Countries: North Korea
Variables: ATDW-PRACTICE-1
"Kim Jong Un has reportedly banned North Koreans from eating hotdogs and ordered imprisonment for divorcing couples in a bizarre new crackdown" (par. 1). "RFA reported that divorce rates had increased on the back of Covid-19 when lockdown constraints put couples up against it financially. Rates of divorce are not said to have significantly dropped even though citizens are now threatened with public humiliation and expulsion from the Korean Workers' Party" (par. 18-19).
Variables: ATDW-PRACTICE-1
"Kim Jong Un has reportedly banned North Koreans from eating hotdogs and ordered imprisonment for divorcing couples in a bizarre new crackdown" (par. 1). "RFA reported that divorce rates had increased on the back of Covid-19 when lockdown constraints put couples up against it financially. Rates of divorce are not said to have significantly dropped even though citizens are now threatened with public humiliation and expulsion from the Korean Workers' Party" (par. 18-19).
Dec. 6, 2024, 10:40 a.m.
Countries: Mauritania
Variables: ATDW-PRACTICE-1
"Ms. Jeilaniy said she had divorced because her husband was too jealous, sometimes even refusing to let her go out. She had to wait three months to finalize the divorce and have her divorce party, an interval that is required to ensure that the woman is not pregnant. If she is, the couple usually waits until the child’s birth" (para 24).
Variables: ATDW-PRACTICE-1
"Ms. Jeilaniy said she had divorced because her husband was too jealous, sometimes even refusing to let her go out. She had to wait three months to finalize the divorce and have her divorce party, an interval that is required to ensure that the woman is not pregnant. If she is, the couple usually waits until the child’s birth" (para 24).
Oct. 22, 2024, 11 a.m.
Countries: Australia
Variables: ATDW-PRACTICE-1
"'The Family Law Act (1975) does not enable victims of dowry abuse to recover the dowry provided by the victim or her family in the event of divorce proceedings'" (para 13). "Sydney woman Sita*, who has been supported by Randhawa’s organisation, said her whole family remained distressed by the dowry abuse she had experienced. She was betrothed in her teens and her fiance came to Australia to marry her, at which time her family was required to pay $20,000 for her sister-in-law’s wedding and pay for improvements to her in-laws’ family home. Sita had to give him gold worth $2500. 'He started openly cheating on me when I was six...more
Variables: ATDW-PRACTICE-1
"'The Family Law Act (1975) does not enable victims of dowry abuse to recover the dowry provided by the victim or her family in the event of divorce proceedings'" (para 13). "Sydney woman Sita*, who has been supported by Randhawa’s organisation, said her whole family remained distressed by the dowry abuse she had experienced. She was betrothed in her teens and her fiance came to Australia to marry her, at which time her family was required to pay $20,000 for her sister-in-law’s wedding and pay for improvements to her in-laws’ family home. Sita had to give him gold worth $2500. 'He started openly cheating on me when I was six...more
Oct. 17, 2024, 6:43 p.m.
Countries: United Kingdom
Variables: ATDW-PRACTICE-1
"Critics say the legislation is uncertain and unpredictable as it has been developed by case law, allowing judges to use their discretion to assess each case and make different awards. Spouses are therefore often forced to fund costly legal battles due to a lack of clear guidance on how wealth should be divided" (par. 3). "The English legal system tends to split the combined wealth of divorcing spouses equally even if one partner is the breadwinner in contrast to many other European countries. As a result, London has become a magnet for wealthy couples seeking a divorce because of the generosity of financial awards given to ex-wives" (par. 8-9). "Lawyers...more
Variables: ATDW-PRACTICE-1
"Critics say the legislation is uncertain and unpredictable as it has been developed by case law, allowing judges to use their discretion to assess each case and make different awards. Spouses are therefore often forced to fund costly legal battles due to a lack of clear guidance on how wealth should be divided" (par. 3). "The English legal system tends to split the combined wealth of divorcing spouses equally even if one partner is the breadwinner in contrast to many other European countries. As a result, London has become a magnet for wealthy couples seeking a divorce because of the generosity of financial awards given to ex-wives" (par. 8-9). "Lawyers...more
May 10, 2024, 3:55 p.m.
Countries: United States
Variables: ATDW-PRACTICE-1
“Add this to the fact that women get primary custody of children in the vast majority of divorce cases, so women may feel they have less to lose when filing for divorce compared to men. And in some ways, they are right – evidence shows men’s wellbeing tends to drop much more dramatically immediately following a divorce. But in reality, this effect can be short-lived. ‘In the short-term after divorce, men’s overall wellbeing decreases more, and they report higher levels of loneliness,’ says Kar. ‘But over time that evens out, and women continue to suffer from more chronic, long-term effects including the loss of home ownership, reduced financial means, and...more
Variables: ATDW-PRACTICE-1
“Add this to the fact that women get primary custody of children in the vast majority of divorce cases, so women may feel they have less to lose when filing for divorce compared to men. And in some ways, they are right – evidence shows men’s wellbeing tends to drop much more dramatically immediately following a divorce. But in reality, this effect can be short-lived. ‘In the short-term after divorce, men’s overall wellbeing decreases more, and they report higher levels of loneliness,’ says Kar. ‘But over time that evens out, and women continue to suffer from more chronic, long-term effects including the loss of home ownership, reduced financial means, and...more
May 10, 2024, 11:41 a.m.
Countries: Greece
Variables: ATDW-PRACTICE-1, ATFPA-PRACTICE-2
"The fact that large numbers of women returned to the traditional gender role of ‘housewives’ might have been helpful for the family as a whole, but it compromised—among other things—their own economic independence...First, as women lose their economic independence, they also lose their ability to escape romantic relationships that were or became abusive. As a social worker highlights: 'It is not their first request to leave, either because they have not thought things through, or because they do not have the economic ability. So, they return to their perpetrator because he was paying for them or because they listen to their family environment…' As this quote suggests, the economic dependence...more
Variables: ATDW-PRACTICE-1, ATFPA-PRACTICE-2
"The fact that large numbers of women returned to the traditional gender role of ‘housewives’ might have been helpful for the family as a whole, but it compromised—among other things—their own economic independence...First, as women lose their economic independence, they also lose their ability to escape romantic relationships that were or became abusive. As a social worker highlights: 'It is not their first request to leave, either because they have not thought things through, or because they do not have the economic ability. So, they return to their perpetrator because he was paying for them or because they listen to their family environment…' As this quote suggests, the economic dependence...more
May 10, 2024, 10:59 a.m.
Countries: Russia
Variables: ATDW-PRACTICE-1
“In the absence of a marital agreement (in England, these are called a pre- or postnuptial agreement), courts in Russia will apply the default spousal property regime, which states that each spouse is deemed to have equal entitlement to joint property, which will include salary, dividends, pensions and property acquired with income received by one or both parties during their marriage irrespective of whether the asset is held in the parties' joint or individual names. It will not, however, include property that was, for example, acquired by one of the parties before marriage or a property received as a gift or inheritance. It is worth noting that assets in the...more
Variables: ATDW-PRACTICE-1
“In the absence of a marital agreement (in England, these are called a pre- or postnuptial agreement), courts in Russia will apply the default spousal property regime, which states that each spouse is deemed to have equal entitlement to joint property, which will include salary, dividends, pensions and property acquired with income received by one or both parties during their marriage irrespective of whether the asset is held in the parties' joint or individual names. It will not, however, include property that was, for example, acquired by one of the parties before marriage or a property received as a gift or inheritance. It is worth noting that assets in the...more
April 30, 2024, 8:19 p.m.
Countries: Israel
Variables: ATDW-PRACTICE-1, ATDW-PRACTICE-2
"The Orthodox rabbinical court already has jurisdiction over divorce for all Jews in Israel and gives only men the power to formally dissolve a marriage. The proposed changes would also grant them possible jurisdiction over the economic aspects of a divorce and allow them to act as arbitrators in civil matters such as labor or contract disputes, as long as parties have consented. Critics of the bill say that consent is not always given freely" (para 27).
Variables: ATDW-PRACTICE-1, ATDW-PRACTICE-2
"The Orthodox rabbinical court already has jurisdiction over divorce for all Jews in Israel and gives only men the power to formally dissolve a marriage. The proposed changes would also grant them possible jurisdiction over the economic aspects of a divorce and allow them to act as arbitrators in civil matters such as labor or contract disputes, as long as parties have consented. Critics of the bill say that consent is not always given freely" (para 27).
Jan. 29, 2024, 5:50 p.m.
Countries: Bosnia-Herzegovina
Variables: ATDW-PRACTICE-1
"Under the family law of the Federation of Bosnia and Herzegovina, women are required to undergo mediation before initiating divorce proceedings, including in cases of domestic violence" (14).
Variables: ATDW-PRACTICE-1
"Under the family law of the Federation of Bosnia and Herzegovina, women are required to undergo mediation before initiating divorce proceedings, including in cases of domestic violence" (14).
Jan. 16, 2024, 6:33 p.m.
Countries: Botswana
Variables: ATDW-PRACTICE-1
"The Married Persons Property Act, 2014 makes provision for persons married under customary law to opt for the property to be administered under civil law. Those already married will further be permitted to change the status of their proprietary regime from out-of-community to in-community of property or vice versa depending on what works best for them" (8). This suggests that under customary law, women may have very few rights to marital property (VMH - CODER COMMENT). "The Married Persons Property Act 2014 makes provision for persons married under customary law to opt for their property to be administered under civil law. The new dispensation will allow persons getting married under...more
Variables: ATDW-PRACTICE-1
"The Married Persons Property Act, 2014 makes provision for persons married under customary law to opt for the property to be administered under civil law. Those already married will further be permitted to change the status of their proprietary regime from out-of-community to in-community of property or vice versa depending on what works best for them" (8). This suggests that under customary law, women may have very few rights to marital property (VMH - CODER COMMENT). "The Married Persons Property Act 2014 makes provision for persons married under customary law to opt for their property to be administered under civil law. The new dispensation will allow persons getting married under...more
Jan. 4, 2024, 10:41 a.m.
Countries: Singapore
Variables: ATDW-PRACTICE-1
"[T]he AMLA stipulates an iddah (waiting period before a re-marriage is allowed) for a divorced woman only, the SYC does not issue either party with the Divorce Certificate until after the iddah lapses, and the ROMM does not allow the man to register another marriage during this period of iddah. Hence, both men and women are effectively subject to the same waiting period" (42).
Variables: ATDW-PRACTICE-1
"[T]he AMLA stipulates an iddah (waiting period before a re-marriage is allowed) for a divorced woman only, the SYC does not issue either party with the Divorce Certificate until after the iddah lapses, and the ROMM does not allow the man to register another marriage during this period of iddah. Hence, both men and women are effectively subject to the same waiting period" (42).
Nov. 29, 2023, 5:27 p.m.
Countries: Bulgaria
Variables: ATDW-PRACTICE-1
"The divorce by mutual consent is commonly used and it means that both of the individuals agree on the reasons why the divorce is needed and the procedure moves forward without a court investigation as to the validity of the reasons. Because this is a simpler type of divorce, with no lengthy procedures (due to the mutual agreement), the costs for the process are lower than in most other cases. Spouses need to agree upon the custody of the children, visiting rights, the division of the property acquired during the marriage, the use of the family name etc" (7).
Variables: ATDW-PRACTICE-1
"The divorce by mutual consent is commonly used and it means that both of the individuals agree on the reasons why the divorce is needed and the procedure moves forward without a court investigation as to the validity of the reasons. Because this is a simpler type of divorce, with no lengthy procedures (due to the mutual agreement), the costs for the process are lower than in most other cases. Spouses need to agree upon the custody of the children, visiting rights, the division of the property acquired during the marriage, the use of the family name etc" (7).
Sept. 28, 2023, 10:28 a.m.
Countries: Pakistan
Variables: LO-LAW-1, ATDW-PRACTICE-1, ATDW-LAW-1, IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"Women faced legal and economic discrimination. The law prohibits discrimination based on sex, but authorities did not enforce it. Women also faced discrimination in employment, family law, property law, and the judicial system. Family law provides protection for women in cases of divorce, including requirements for maintenance, and sets clear guidelines for custody of minor children and their maintenance. Many women were unaware of these legal protections or were unable to obtain legal counsel to enforce them. Divorced women often were left with no means of support, as their families ostracized them. Women are legally free to marry without family consent, but society frequently ostracized women who did so, or...more
Variables: LO-LAW-1, ATDW-PRACTICE-1, ATDW-LAW-1, IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"Women faced legal and economic discrimination. The law prohibits discrimination based on sex, but authorities did not enforce it. Women also faced discrimination in employment, family law, property law, and the judicial system. Family law provides protection for women in cases of divorce, including requirements for maintenance, and sets clear guidelines for custody of minor children and their maintenance. Many women were unaware of these legal protections or were unable to obtain legal counsel to enforce them. Divorced women often were left with no means of support, as their families ostracized them. Women are legally free to marry without family consent, but society frequently ostracized women who did so, or...more
Sept. 6, 2023, 1:13 p.m.
Countries: Montenegro
Variables: LO-LAW-1, ATDW-PRACTICE-1, IAW-PRACTICE-1, IAD-PRACTICE-1
"The law provides for the same legal status and rights for women as for men. All property acquired during marriage is joint property. The government enforced these laws somewhat effectively. The NGO SOS noted, however, that women often had trouble in defending their property rights in divorce proceedings due to the widespread public belief that property belongs to the man. Sometimes women ceded their inherited property and inheritance rights to male relatives due to tradition and pressure from their families. Men consequently tended to be favored in the distribution of property ownership, sometimes limiting a woman’s options in the cases of domestic violence or divorce. Women continued to experience discrimination...more
Variables: LO-LAW-1, ATDW-PRACTICE-1, IAW-PRACTICE-1, IAD-PRACTICE-1
"The law provides for the same legal status and rights for women as for men. All property acquired during marriage is joint property. The government enforced these laws somewhat effectively. The NGO SOS noted, however, that women often had trouble in defending their property rights in divorce proceedings due to the widespread public belief that property belongs to the man. Sometimes women ceded their inherited property and inheritance rights to male relatives due to tradition and pressure from their families. Men consequently tended to be favored in the distribution of property ownership, sometimes limiting a woman’s options in the cases of domestic violence or divorce. Women continued to experience discrimination...more
Aug. 24, 2023, 1:08 a.m.
Countries: Cape Verde
Variables: ATDW-PRACTICE-1
"[W}omen in situations of separation and divorce [do not] have access to financial support, protection orders against violent partners and legal assistance, when necessary" (14).
Variables: ATDW-PRACTICE-1
"[W}omen in situations of separation and divorce [do not] have access to financial support, protection orders against violent partners and legal assistance, when necessary" (14).
Aug. 15, 2023, 6:17 a.m.
Countries: Cote D'Ivoire
Variables: MARR-PRACTICE-4, ATDW-PRACTICE-1
"The Committee appreciates the efforts made by the State party to amend discriminatory provisions of the Criminal Code and of the Marriage Act (CEDAW/C/CIV/4, para. 30). The Committee nevertheless notes with concern that: (a) A high percentage of marriages are not formally registered, leaving women without economic protection upon dissolution of the union" (14).
Variables: MARR-PRACTICE-4, ATDW-PRACTICE-1
"The Committee appreciates the efforts made by the State party to amend discriminatory provisions of the Criminal Code and of the Marriage Act (CEDAW/C/CIV/4, para. 30). The Committee nevertheless notes with concern that: (a) A high percentage of marriages are not formally registered, leaving women without economic protection upon dissolution of the union" (14).
Aug. 9, 2023, 1:02 p.m.
Countries: Eritrea
Variables: ATDW-PRACTICE-1
"The Committee reiterates its concern about the prevalence of child marriage in the State party and also notes with concern...The practice of allowing polygamous marriages and the discriminatory application of religious laws on divorce and inheritance within Muslim communities, to the detriment of women" (14).
Variables: ATDW-PRACTICE-1
"The Committee reiterates its concern about the prevalence of child marriage in the State party and also notes with concern...The practice of allowing polygamous marriages and the discriminatory application of religious laws on divorce and inheritance within Muslim communities, to the detriment of women" (14).
Aug. 8, 2023, 8:30 p.m.
Countries: Bulgaria
Variables: ATDW-PRACTICE-1
"The lack of enforcement of alimony payments [is a concern]" (13). "[M]ediation [is used] in divorce proceedings in cases of domestic violence" (13).
Variables: ATDW-PRACTICE-1
"The lack of enforcement of alimony payments [is a concern]" (13). "[M]ediation [is used] in divorce proceedings in cases of domestic violence" (13).
Aug. 8, 2023, 3:01 p.m.
Countries: Equatorial Guinea
Variables: ATDW-PRACTICE-1, ATDW-LAW-1
"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).
Variables: ATDW-PRACTICE-1, ATDW-LAW-1
"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).
July 15, 2023, 12:25 p.m.
Countries: Austria
Variables: ATDW-PRACTICE-1
"'In principle, a party found culpable will not be entitled to maintenance[]. There are, however, exceptions for complex situations such as when there was a past stay-at-home arrangement, for example', Vastenburg says" (para 17). This indicates that women may not always get an equal share, but that unpaid labor is taken into consideration in divorce (SFR - CODER COMMENT).
Variables: ATDW-PRACTICE-1
"'In principle, a party found culpable will not be entitled to maintenance[]. There are, however, exceptions for complex situations such as when there was a past stay-at-home arrangement, for example', Vastenburg says" (para 17). This indicates that women may not always get an equal share, but that unpaid labor is taken into consideration in divorce (SFR - CODER COMMENT).
July 14, 2023, 3:44 p.m.
Countries: France
Variables: ATDW-PRACTICE-1
"In the event of separation, women are the big losers in this system, since they will have no right to their ex‐spouse's property, or even to the company he runs, even if they have contributed body and soul to its development for years. Similarly, when the family court judge has to determine the amount of support to be paid by one of the parents—in 97% of cases the father—their main concern will be not to threaten his financial position...Overall, women emerge from marital breakdown far worse off financially than men" (3).
Variables: ATDW-PRACTICE-1
"In the event of separation, women are the big losers in this system, since they will have no right to their ex‐spouse's property, or even to the company he runs, even if they have contributed body and soul to its development for years. Similarly, when the family court judge has to determine the amount of support to be paid by one of the parents—in 97% of cases the father—their main concern will be not to threaten his financial position...Overall, women emerge from marital breakdown far worse off financially than men" (3).
July 14, 2023, 2:42 p.m.
Countries: Hungary
Variables: ATDW-PRACTICE-1
"In the case of divorce or separation, moving is necessary for one or both of the former partners. The decision of who moves out following separation is the result of a bargaining process" (6). "Mothers often retain the right to live in the couple’s dwelling with the children, while fathers have to find another accommodation. Courts routinely give custody to the mother (the share of joint physical custody has started to increase only recently)" (8). "Another important housing difference between cohabiting and married couples is that married couples are usually joint homeowners. If a married person buys a house or an apartment during the marriage, half of the property automatically...more
Variables: ATDW-PRACTICE-1
"In the case of divorce or separation, moving is necessary for one or both of the former partners. The decision of who moves out following separation is the result of a bargaining process" (6). "Mothers often retain the right to live in the couple’s dwelling with the children, while fathers have to find another accommodation. Courts routinely give custody to the mother (the share of joint physical custody has started to increase only recently)" (8). "Another important housing difference between cohabiting and married couples is that married couples are usually joint homeowners. If a married person buys a house or an apartment during the marriage, half of the property automatically...more
July 13, 2023, 10:35 a.m.
Countries: Netherlands
Variables: ATDW-PRACTICE-1
"On average, women suffer the most financially after a divorce. Statistics Netherlands reports that women lose more purchasing power than men and are often the ones who leave the owner-occupied home where they lived with their ex. The researchers followed men and women through 2019 after they separated in 2014. The only looked at people aged 25 to 60 years. One year after divorce, women were found to have 29 percent less purchasing power than men in the same situation" (para 1-2). "Women are more likely than men to leave the owner-occupied home they shared before divorcing. This is mainly because men are better able to afford continuing to live...more
Variables: ATDW-PRACTICE-1
"On average, women suffer the most financially after a divorce. Statistics Netherlands reports that women lose more purchasing power than men and are often the ones who leave the owner-occupied home where they lived with their ex. The researchers followed men and women through 2019 after they separated in 2014. The only looked at people aged 25 to 60 years. One year after divorce, women were found to have 29 percent less purchasing power than men in the same situation" (para 1-2). "Women are more likely than men to leave the owner-occupied home they shared before divorcing. This is mainly because men are better able to afford continuing to live...more
July 12, 2023, 4:46 p.m.
Countries: Netherlands
Variables: ATDW-PRACTICE-1, IAW-PRACTICE-1
"According to Dutch law, there is still a solid distinction between married couples (including 'registered partners) and unmarried cohabitants. Unmarried cohabitants do not have any property rights by default. This may lead to unreasonable consequences if couples separate, as to eg the division of assets with capital gains or losses such as eg dwelling, in a situation where both have paid for the periodical costs of the dwelling. Even more sturdy consequences may arise in respect of estates, if unmarried couples have not made up a Will nor a cohabitation agreement. The estate of the famous Swedish writer Stieg Larsson was an example of such a situation: Stieg Larsson lived...more
Variables: ATDW-PRACTICE-1, IAW-PRACTICE-1
"According to Dutch law, there is still a solid distinction between married couples (including 'registered partners) and unmarried cohabitants. Unmarried cohabitants do not have any property rights by default. This may lead to unreasonable consequences if couples separate, as to eg the division of assets with capital gains or losses such as eg dwelling, in a situation where both have paid for the periodical costs of the dwelling. Even more sturdy consequences may arise in respect of estates, if unmarried couples have not made up a Will nor a cohabitation agreement. The estate of the famous Swedish writer Stieg Larsson was an example of such a situation: Stieg Larsson lived...more
June 28, 2023, 6:54 p.m.
Countries: Macedonia
Variables: ATDW-PRACTICE-1
"Although Shpresa’s husband is now behind bars, the plight of the woman from the Albanian town of Fushe Kruja continues, as now she has to fend off a civil lawsuit brought by her brother-in-law over the ownership of the house where she lives with her sons. 'Two days ago I was in a courthouse with them and my mother-in-law told me to leave my home, threatening that I will never enjoy her ‘son’s house’,' she said. Like Shpresa, many women in Albania not only face domestic violence but also struggle to assert their property rights" (para 5-7). "'Most women return to the family of origin after divorce, as they cannot...more
Variables: ATDW-PRACTICE-1
"Although Shpresa’s husband is now behind bars, the plight of the woman from the Albanian town of Fushe Kruja continues, as now she has to fend off a civil lawsuit brought by her brother-in-law over the ownership of the house where she lives with her sons. 'Two days ago I was in a courthouse with them and my mother-in-law told me to leave my home, threatening that I will never enjoy her ‘son’s house’,' she said. Like Shpresa, many women in Albania not only face domestic violence but also struggle to assert their property rights" (para 5-7). "'Most women return to the family of origin after divorce, as they cannot...more
June 22, 2023, 1:18 p.m.
Countries: Finland
Variables: ATDW-PRACTICE-1
"Divorce can incur extra financial burdens after separations are finalised, including increased housing costs. Additionally, married couples that decide to split can be faced with financial surprises, if for example one spouse has taken on debts without telling the other spouse. The survey also found that very few couples agree in advance about how to divide assets if they divorce. The bank noted that marriage is a legal and financial agreement and that such scenarios should be discussed well before separation is considered a possibility. 'Without a prenuptial agreement, assets that are in the names of both spouses are added together at the end of the marriage and divided equally....more
Variables: ATDW-PRACTICE-1
"Divorce can incur extra financial burdens after separations are finalised, including increased housing costs. Additionally, married couples that decide to split can be faced with financial surprises, if for example one spouse has taken on debts without telling the other spouse. The survey also found that very few couples agree in advance about how to divide assets if they divorce. The bank noted that marriage is a legal and financial agreement and that such scenarios should be discussed well before separation is considered a possibility. 'Without a prenuptial agreement, assets that are in the names of both spouses are added together at the end of the marriage and divided equally....more
June 21, 2023, 3:10 p.m.
Countries: Japan
Variables: ATDW-PRACTICE-1
"In the light of the Committee’s previous recommendations (para. 49 (a) and (b)), please indicate the steps taken by the State party to govern the distribution of marital property, with clear procedures for divorcing spouses, including ensuring that divorcing women have access to information regarding the financial situation of their spouses. Please elaborate on the measures taken by the State party to guarantee the welfare of children whose parents divorce" (7). This indicates that women may face discrimination in the division of assets (JLR-CODER COMMENT).
Variables: ATDW-PRACTICE-1
"In the light of the Committee’s previous recommendations (para. 49 (a) and (b)), please indicate the steps taken by the State party to govern the distribution of marital property, with clear procedures for divorcing spouses, including ensuring that divorcing women have access to information regarding the financial situation of their spouses. Please elaborate on the measures taken by the State party to guarantee the welfare of children whose parents divorce" (7). This indicates that women may face discrimination in the division of assets (JLR-CODER COMMENT).