Latest items for ATDW-PRACTICE-1
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).
June 21, 2023, 1:13 p.m.
Countries: Israel
Variables: ATDW-PRACTICE-1, ADCM-PRACTICE-1
"Because a Get is the only lifeline for a married woman who wants out of her marriage, and because only the husband may give it to her, it has become a tool to extort huge sums of money from the wife and/or her family, or to force the wife to forego civil property rights and support, or to force her to cede custody of the children" (para 10).
Variables: ATDW-PRACTICE-1, ADCM-PRACTICE-1
"Because a Get is the only lifeline for a married woman who wants out of her marriage, and because only the husband may give it to her, it has become a tool to extort huge sums of money from the wife and/or her family, or to force the wife to forego civil property rights and support, or to force her to cede custody of the children" (para 10).
June 16, 2023, 10:32 a.m.
Countries: Uruguay
Variables: ATDW-PRACTICE-1
"[Divorce] still tend[s] to blame women for failures in marriage and mean that divorced women usually have less resources available to them, while at the same time being the sole responsible for childcare" (3).
Variables: ATDW-PRACTICE-1
"[Divorce] still tend[s] to blame women for failures in marriage and mean that divorced women usually have less resources available to them, while at the same time being the sole responsible for childcare" (3).
June 15, 2023, 2:47 p.m.
Countries: Vietnam
Variables: ATDW-PRACTICE-1
"Either both parties mutually agree on how the joint properties will be divided. In this case, you must send a request to the Court for the authentication of the agreement. It is the fastest and less expensive way. Or, both parties disagree on how the properties should be divided. In such a case, you can resort to the Court to enforce the division of properties under Vietnamese laws. It is not always a 50/50 split, the Court ruling may be based on many factors, such as: a) Current status of your family; b) Your respective contribution to the creation, maintaining, and development of the property; c) Your lawfully rights and...more
Variables: ATDW-PRACTICE-1
"Either both parties mutually agree on how the joint properties will be divided. In this case, you must send a request to the Court for the authentication of the agreement. It is the fastest and less expensive way. Or, both parties disagree on how the properties should be divided. In such a case, you can resort to the Court to enforce the division of properties under Vietnamese laws. It is not always a 50/50 split, the Court ruling may be based on many factors, such as: a) Current status of your family; b) Your respective contribution to the creation, maintaining, and development of the property; c) Your lawfully rights and...more
June 15, 2023, 12:16 p.m.
Countries: United Kingdom
Variables: LO-PRACTICE-1, ATDW-PRACTICE-1
"UK inheritance law regarding married couples is different than in many European countries. Under UK inheritance law, marriage doesn’t result in jointly-owned matrimonial or community property unless such property is specifically placed under joint ownership by the couple. As there is no forced heirship in England and Wales, property can freely be given away during a person’s lifetime" (para 14).
Variables: LO-PRACTICE-1, ATDW-PRACTICE-1
"UK inheritance law regarding married couples is different than in many European countries. Under UK inheritance law, marriage doesn’t result in jointly-owned matrimonial or community property unless such property is specifically placed under joint ownership by the couple. As there is no forced heirship in England and Wales, property can freely be given away during a person’s lifetime" (para 14).
June 15, 2023, 9:46 a.m.
Countries: Ukraine
Variables: ATDW-PRACTICE-1
"[T]here are three primary purposes of a marriage agreement: To regulate the division of common joint property arising from the marriage. To regulate or exclude the division of common joint property arising from any pre-marital cohabitation..."(para 43). "The court has a wide range of powers to share a spouse's common joint property. The court has the power: To share common joint property between the wife and husband. To award indivisible items to one spouse unless otherwise agreed between the parties. To award assets relating to professional occupations (for example, musical instruments; office, medical, photography equipment, and so on) to the spouse who used them in their professional activities. The cost...more
Variables: ATDW-PRACTICE-1
"[T]here are three primary purposes of a marriage agreement: To regulate the division of common joint property arising from the marriage. To regulate or exclude the division of common joint property arising from any pre-marital cohabitation..."(para 43). "The court has a wide range of powers to share a spouse's common joint property. The court has the power: To share common joint property between the wife and husband. To award indivisible items to one spouse unless otherwise agreed between the parties. To award assets relating to professional occupations (for example, musical instruments; office, medical, photography equipment, and so on) to the spouse who used them in their professional activities. The cost...more
June 15, 2023, 9:05 a.m.
Countries: Uganda
Variables: ATDW-PRACTICE-1
"Until November... [c]ourts typically ruled in divorce cases that assets are split 50/50. But last year, an appeal court in Kampala overturned a high-court divorce case ruling which gave a couple an equal share of the matrimonial home. The court decided that the woman, who did most of the housework, only deserved 20% of the assets. While the man in this case had receipts to show how much he’d paid to build and maintain the house, the woman had none" (para 2-3). "The wife argued that she cared for the couple’s four children and ensured the family’s wellbeing. When the family house was being built, she cooked for builders and...more
Variables: ATDW-PRACTICE-1
"Until November... [c]ourts typically ruled in divorce cases that assets are split 50/50. But last year, an appeal court in Kampala overturned a high-court divorce case ruling which gave a couple an equal share of the matrimonial home. The court decided that the woman, who did most of the housework, only deserved 20% of the assets. While the man in this case had receipts to show how much he’d paid to build and maintain the house, the woman had none" (para 2-3). "The wife argued that she cared for the couple’s four children and ensured the family’s wellbeing. When the family house was being built, she cooked for builders and...more
June 12, 2023, 4:20 p.m.
Countries: Jordan
Variables: ATDW-PRACTICE-1
"Farah Shahin (pseudonym), a women’s rights activist and single mother, has lived through this experience. She has been fighting for legal custody of her child for the last three years after divorcing her ex-husband...Under the Personal Status Law, fathers are given wilaya, which refers to legal authority over the child, while mothers are given hadhana, which refers to physical care of the child. It wasn’t until she filed for divorce that she learned of the ways the law works against her, including that it doesn’t permit her to apply for her daughter’s legal registration documents or make any life decisions for her. Since then, Farah has become an activist, speaking...more
Variables: ATDW-PRACTICE-1
"Farah Shahin (pseudonym), a women’s rights activist and single mother, has lived through this experience. She has been fighting for legal custody of her child for the last three years after divorcing her ex-husband...Under the Personal Status Law, fathers are given wilaya, which refers to legal authority over the child, while mothers are given hadhana, which refers to physical care of the child. It wasn’t until she filed for divorce that she learned of the ways the law works against her, including that it doesn’t permit her to apply for her daughter’s legal registration documents or make any life decisions for her. Since then, Farah has become an activist, speaking...more
June 12, 2023, 8:22 a.m.
Countries: Turkey
Variables: ATDW-PRACTICE-1
"When the divorce fee is paid, the uncontested divorce case is opened. Spouses can freely agree on issues such as alimony, custody, and property division in a consensual divorce" (para 21). "Divorce imposes some responsibilities on couples. One of them is a fair distribution of property. Divorced spouses must share their property in line with their legal assets. When the divorce case is concluded, the property division process begins. If there is a property-sharing agreement between the spouses in divorce, this agreement is taken into account. If there is no contract, the property division law comes to the fore" (para 24).
Variables: ATDW-PRACTICE-1
"When the divorce fee is paid, the uncontested divorce case is opened. Spouses can freely agree on issues such as alimony, custody, and property division in a consensual divorce" (para 21). "Divorce imposes some responsibilities on couples. One of them is a fair distribution of property. Divorced spouses must share their property in line with their legal assets. When the divorce case is concluded, the property division process begins. If there is a property-sharing agreement between the spouses in divorce, this agreement is taken into account. If there is no contract, the property division law comes to the fore" (para 24).
June 1, 2023, 11:48 a.m.
Countries: Kuwait
Variables: ATDW-PRACTICE-1
"Several women have complained about the long process of divorce in Kuwait. Divorce cases have risen in recent years, according to the Central Statistical Bureau. It revealed the period from 2017 to 2021 witnessed the highest increase, with 8,041 cases only in the last year. Lawyer Ahmed Al-Turki said the numbers remain variable and some cases take more than a year, explaining the woman is the only victim in such cases, and she bears great responsibility in many cases for her marriage without her rights being guaranteed. 'Even her rights as a citizen are not allowed to her compared to what is allowed to male citizens. There are some divorced...more
Variables: ATDW-PRACTICE-1
"Several women have complained about the long process of divorce in Kuwait. Divorce cases have risen in recent years, according to the Central Statistical Bureau. It revealed the period from 2017 to 2021 witnessed the highest increase, with 8,041 cases only in the last year. Lawyer Ahmed Al-Turki said the numbers remain variable and some cases take more than a year, explaining the woman is the only victim in such cases, and she bears great responsibility in many cases for her marriage without her rights being guaranteed. 'Even her rights as a citizen are not allowed to her compared to what is allowed to male citizens. There are some divorced...more
May 31, 2023, 6:37 p.m.
Countries: Kosovo
Variables: ATDW-PRACTICE-1
"Legal experts say that non-specification of the wording 'acquired through work during the marriage' leads judges to qualify it in terms of monetary income. Beka points out that Law on Family was not adapted to the needs and wellbeing of citizens. 'Article 47 of the Law on Family talks about "Joint Property" without specifying clearly which spousal contributions are those that make up their joint property,' Beka says. 'During judicial procedures it has been misinterpreted, which has ended up bringing about unfair rulings.' Luljeta Demolli, executive director of the Kosovar Gender Studies Center, agrees that the current Law on Family doesn’t sufficiently recognize the principles of equality in marriage in...more
Variables: ATDW-PRACTICE-1
"Legal experts say that non-specification of the wording 'acquired through work during the marriage' leads judges to qualify it in terms of monetary income. Beka points out that Law on Family was not adapted to the needs and wellbeing of citizens. 'Article 47 of the Law on Family talks about "Joint Property" without specifying clearly which spousal contributions are those that make up their joint property,' Beka says. 'During judicial procedures it has been misinterpreted, which has ended up bringing about unfair rulings.' Luljeta Demolli, executive director of the Kosovar Gender Studies Center, agrees that the current Law on Family doesn’t sufficiently recognize the principles of equality in marriage in...more
May 31, 2023, 2:47 p.m.
Countries: Kenya
Variables: ATDW-PRACTICE-1, IAW-PRACTICE-1
"Separated, divorced and widowed women risk losing their homes to their husbands or their husbands’ families under customary laws. The Kilifi and Kakamega counties, where men are the majority landowners, also possess two of the highest divorce and separation rates in Kenya" (para 16).
Variables: ATDW-PRACTICE-1, IAW-PRACTICE-1
"Separated, divorced and widowed women risk losing their homes to their husbands or their husbands’ families under customary laws. The Kilifi and Kakamega counties, where men are the majority landowners, also possess two of the highest divorce and separation rates in Kenya" (para 16).
May 31, 2023, 1:42 p.m.
Countries: Kenya
Variables: LO-LAW-1, ATDW-PRACTICE-1, ATDW-LAW-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"The constitution prohibits gender discrimination in relation to land and property ownership and gives women equal rights to inheritance and access to land. The constitution also provides for the enactment of legislation for the protection of wives’ rights to matrimonial property during and upon the termination of a marriage, and it affirms parties to a marriage are entitled to equal rights at the time of marriage, during the marriage, and at its dissolution. In September a judge presiding over a matrimonial property dispute ruled being a housewife should be considered a full-time job. The judge ruled it was unfair for courts to rule that housewives do not contribute to household...more
Variables: LO-LAW-1, ATDW-PRACTICE-1, ATDW-LAW-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"The constitution prohibits gender discrimination in relation to land and property ownership and gives women equal rights to inheritance and access to land. The constitution also provides for the enactment of legislation for the protection of wives’ rights to matrimonial property during and upon the termination of a marriage, and it affirms parties to a marriage are entitled to equal rights at the time of marriage, during the marriage, and at its dissolution. In September a judge presiding over a matrimonial property dispute ruled being a housewife should be considered a full-time job. The judge ruled it was unfair for courts to rule that housewives do not contribute to household...more
May 27, 2023, 3:35 a.m.
Countries: Tunisia
Variables: ATDW-PRACTICE-1, IAD-PRACTICE-1
"...[I]f all the land a woman has is from her husband, a divorce can leave her with nothing, said Ahmed Mbarki, a lawyer in Kasserine. Tunisian divorce law provides for an equal split of property acquired during the marriage, but that applies only to residences, not land. Even so, 'the husband will try to get around it,' said Mbarki" (para 19-20). "'The land is always in the hands of the man, the husband, the father. If there is a divorce - and there are many - the husband gives nothing to his wife.' Mbarki has also seen many inheritance cases where women willingly give up their rights to a portion...more
Variables: ATDW-PRACTICE-1, IAD-PRACTICE-1
"...[I]f all the land a woman has is from her husband, a divorce can leave her with nothing, said Ahmed Mbarki, a lawyer in Kasserine. Tunisian divorce law provides for an equal split of property acquired during the marriage, but that applies only to residences, not land. Even so, 'the husband will try to get around it,' said Mbarki" (para 19-20). "'The land is always in the hands of the man, the husband, the father. If there is a divorce - and there are many - the husband gives nothing to his wife.' Mbarki has also seen many inheritance cases where women willingly give up their rights to a portion...more
May 27, 2023, 3:03 a.m.
Countries: Togo
Variables: ATDW-PRACTICE-1
"In customary law, the dissolution of customary marriages is rare; however, if taken to the authority of the traditional chief, cultural practice tends to take precedence over formal laws (OFPRA, 2016). Conciliation usually is the first course of action, and if unsuccessful, then repudiation may be pursued where in most cases the woman is denied custody of her children and maintenance, stripped of her possessions, and has to return to her family of origin destitute and marginalized" (3).
Variables: ATDW-PRACTICE-1
"In customary law, the dissolution of customary marriages is rare; however, if taken to the authority of the traditional chief, cultural practice tends to take precedence over formal laws (OFPRA, 2016). Conciliation usually is the first course of action, and if unsuccessful, then repudiation may be pursued where in most cases the woman is denied custody of her children and maintenance, stripped of her possessions, and has to return to her family of origin destitute and marginalized" (3).