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South Korea: Supreme Court Keeps Unfaithful Spouses from Being Able to File for Divorce

(Oct. 13, 2015) On September 15, 2015, the Supreme Court of Korea upheld the precedent that a court may not grant a divorce when the petitioner is the spouse responsible for the breakdown of the marriage. (2013 므568 Divorce 이혼 (Sept. 15, 2015), Supreme Court of Korea website [click pdf file].) This was the first […]

Uganda: Court Declares Refund of Bride-Price Under Customary Law Unconstitutional

(Aug. 12, 2015) Eight years after it began, a legal battle challenging the constitutionality of a customary practice of refunding the bride-price at the dissolution of customary marriages ended with Uganda’s Supreme Court, the highest court of the land, declaring the practice unconstitutional. (Uganda Bride Price Refund Outlawed by Top Judges, BBC NEWS (Aug. 6, […]

Italy: Summary Divorce Proceedings Revised

(May 20, 2015) On May 26, 2015, new legislation amending the procedural rules on the declaration of a divorce will enter into effect in Italy. (Law No. 55 of May 6, 2015, Provisions on the Dissolution or Cessation of the Civil Effects of Marriage as well as Cohabitation Between Spouses [Law No. 55], GAZETTA UFFICIALE […]

Malawi: Parliament Passes Comprehensive Marriage, Divorce and Family Relations Legislation

(Feb. 24, 2015) On February 12, 2015, Malawi’s 193-member unicameral National Assembly passed the Marriage, Divorce and Family Relations Bill, 2015. (Malawi Parliament Overwhelmingly Passes Marriage, Divorce and Family Relations Bill Without Amendment, MALAWI VOICE (Feb. 13, 2015).) The legislation, which is awaiting a presidential signature in order to by formally enacted, consolidates various laws […]

Brazil: Civil Code Amendment Changes Joint Custody Rules

(Dec. 4, 2014) On November 26, 2014, the Brazilian Federal Senate approved an amendment to articles 1,583, 1,584, 1,585 and 1,634 of the Civil Code (Códico Civil [C.C.], Lei No. 10.406, de 10 de Janeiro de 2002, PLANALTO). Among the changes is an amendment to paragraph 2 of article 1,584 that will establish that when […]

Kenya: Comprehensive Marriage Law Enacted

(May 2, 2014) On April 29, 2014, President Uhuru Kenyatta of Kenya signed into law the Marriage Bill, 2014, a comprehensive law consolidating various laws governing religious, customary, and civil marriages and divorces in the country. (President Kenyatta Assents to Marriage and Heroes Bills, The Presidency website (Apr. 29, 2014).) The legislation, adopted by the […]

Israel: Property Division in Divorce Agreement Voided After Wife Discovers Husband’s Fraudulent Double Life

(Dec. 6, 2013) Judge Tova Sivan, President of the Tel Aviv Family Court, established a new precedent in her November 4, 2013, decision that voided a final divorce agreement’s division of marital property. (Family Court (TA) 6771-07 Anonymous v. Anonymous, NEVO LEGAL DATABASE [by subscription] (last visited Dec. 2, 2013).) In this case, after the […]

Kenya: Parliament Passes Matrimonial Property Bill, Affects Equal Sharing of Assets in Divorce

(Nov. 18, 2013) On November 12, 2013, Kenya’s Parliament passed the Matrimonial Property Bill, 2013, with key amendments that some argue will adversely affect the ability for stay-at-home women to gain an equal share of assets in divorce. (John Ngirachu, MPs Pass Contentious Matrimonial Property Bill, DAILY NATION (Nov. 12, 2013).) The amendments passed due […]