The Laws of Marriage Dissolution Around the World

In late April 1951, the Committee on Women's Rights, an offshoot of the Economic and Social Council of the United Nations, held its fifth session.

At the committee's request, the Secretary-General of the United Nations drew up a comprehensive report on the status of women in the various countries of the world, devoting an entire chapter of this report to "the laws of marriage dissolution." We have decided to convey it to the readers of "The Woman's Voice" for its interest, and because we have previously conveyed to them a chapter on "the laws of marriage" in the different countries.

At its fourth session, held last year, the United Nations Committee on Women's Rights adopted a resolution requesting the Secretary-General of the United Nations to obtain from the member states and from the non-governmental organizations precise information regarding the position of woman in the personal status laws of the various countries, and to submit to it a detailed report of this information.

In what follows we review the regulations concerning the dissolution of marriage — including legal separation, divorce, and remarriage — as stipulated in the personal status laws of the countries covered by the report of the Secretary-General of the United Nations.

(1) Separation:

It may be said in general that both man and woman enjoy, in most countries of the world, equal rights of recourse to the legal proceedings leading to legal separation or the dissolution of marriage. It is obvious that legal separation between spouses plays a prominent role in the Catholic countries which do not recognize the principle of divorce.

In Italy, for example, a marriage is voided only in the event of death, and a legal separation between the spouses may take place under the conditions set forth in Italian law. Among these conditions is the commission of adultery. However, the provisions concerning the commission of adultery differ for man and woman, since that law admits no legal separation between spouses on account of the man's commission of immorality, unless it is attended by circumstances which the wife considers injurious to her dignity. The wife may also have recourse to the courts for separation from her husband if her husband refuses, without reasonable cause, to provide her a dwelling or to support her.

In Spain, separation takes place on account of the wife's commission of adultery, or the man's resort to violence to make his wife change her religion or to force her into prostitution... This resembles the law followed in the Latin American countries such as Chile, Argentina, and Brazil. In Peru and Mexico, however, the law recognizes and sanctions divorce.

In France, the law provides that if a separation occurs between the spouses, the wife resumes the exercise of her civil rights; it also provides that the wife is forbidden to bear her husband's name after her separation from him.

In Holland, the man has no right — as a result of his separation from his wife — to dispose of her property, and the woman for her part can obtain a warrant from the court entitling her to dispose of her movable wealth as she wishes.

In the Philippines, the man has the right to appeal to the courts for separation from his wife on account of her commission of adultery, and the woman likewise has the right of appeal if her husband takes the path of concubinage and cohabits unlawfully with another woman. The law there provides that the husband must remain at his wife's side during the time the court considers his suit.

As for Britain and Northern Ireland, separation is granted if the court is satisfied with the grounds advanced by the wife: such as the husband's assault, his aggravated cruelty, his desertion of her, his neglect to provide a livelihood for her and her children, or conduct of his that might drive the wife to take up prostitution as a trade. The court also requires the man to make regular payments to cover the maintenance of his wife and of the children entrusted to her custody.

In the Union of South Africa, the wife separated from her husband is considered the innocent party, and she has the right to claim maintenance from her husband. But the husband, on the other hand, is always entrusted with the guardianship of his children, even if the wife is granted the right to their custody.

(2) Divorce:

The rights and duties of husband and wife with regard to divorce proceedings and their consequences are in general equal in Australia, Ceylon, Denmark, France, Germany, Holland, Norway, Sweden, Scotland, Switzerland, and Yugoslavia.

In Belgium and Spain, the law originally drawn up by Napoleon provides — with respect to granting the right of divorce to either man or woman — that the husband may seek divorce on account of his wife's commission of the crime of adultery. As for the wife, she may seek divorce for her husband's commission of immorality only if it took place in the conjugal home.

In Britain and Northern Ireland, the wife has the right to seek divorce if her spouse is charged with debauchery.

In the Union of South Africa, the divorced woman is given no right of guardianship over her children even if she is granted the right to their custody; nor can she claim any maintenance, even if she is considered the innocent party.

In Sweden, the law requires the husband to pay an allowance to his divorced wife and his children, but he is exempted from this if the wife has an income of her own or is able to support herself. It is also possible for the law to require the woman to allot an allowance to her husband should he be unable to work or in need of money.

As for Iran, divorce is open to the man, since he can divorce his wife for any reason whatsoever; but the woman cannot seek divorce from her husband unless he is stricken with insanity or impotence, so that he is no longer able to perform his full conjugal duties.

In Holland, the law allows the wife to leave her husband's house during the time the court is considering the divorce case. But if the wife leaves her home without the court's consent, this means she forfeits her right to obtain maintenance.

In the United States of America, the scope of divorce is wide for both man and woman, and its provisions differ from one state to another. Among the grounds that permit a man to divorce his wife are his discovery that she had committed immorality before he married her, or the wife's remaining outside the state in which the conjugal home is located for at least ten years, or her desertion of her home for at least two years, or her addiction to intoxicating drink. Among the grounds that permit a woman to divorce her husband are the man's inability to provide a reasonable livelihood for her, his cruelty, and his addiction to narcotic drugs.

(3) Remarriage:

We pass now to a review of the provisions concerning remarriage in the laws of the different countries. The restrictions these provisions impose on man and woman in this field differ in many circumstances — among them the ending of the marriage by death, or its annulment by divorce, or by separation. Many legal systems provide that legal separation does not sever the marital bonds, but puts an end to the obligations that marital relations require, including the necessity of living under one roof. The countries that follow these systems do not permit remarriage after separation.

In Norway and Sweden, a woman who has been divorced may not remarry before ten months have passed since her husband's death or her divorce from him, unless it is established that she was not pregnant at the time of the dissolution of the marriage, or that she did not live with her husband during the said ten-month period.

In France, Italy, and Holland, the man has the right to remarry immediately after the dissolution of the marriage. The woman, however, cannot do so before 300 days have passed since the dissolution of the marriage.

In Austria, a woman may remarry after three months have elapsed since the dissolution of the marriage, if it is established that she is not pregnant. If she is pregnant, she must wait until after the delivery.

In Belgium, a woman cannot remarry before ten months have elapsed since the annulment of her first marriage or her divorce. In the United States of America, the restrictions imposed on remarriage apply to men and women alike. The same may be said of Australia, Britain, Scotland, the Union of South Africa, Ceylon, Denmark, Iran, and Yugoslavia.

Finally, in Ireland, no restrictions are imposed on remarriage for either man or woman after the death of one of them.