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Israel: Applicable Law of Dissolution of Mixed Marriages

(July 5, 2017) On June 22, 2017, Israel’s Supreme Court rejected a request to allow an appeal against a decision by the Nazareth District Court confirming the validity of dissolution of marriage between a Jewish woman and a man not belonging to any recognized religious community in Israel. (App. Req. 5640/16, Anonymous v. Anonymous (decision […]

Taiwan: Constitutional Court Rules Same-Sex Marriage Prohibition Unconstitutional

(June 5, 2017) On May 24, 2017, Taiwan’s Constitutional Court announced J.Y. Interpretation No. 748, which rules that the prohibition of same-sex marriage in the current Civil Code violates the Constitution. (Judicial Yuan Interpretation No. 748 and Reasons (May 24, 2017), Judicial Yuan website (in Chinese) (click on the first PDF link); Press Release, On the Same […]

Georgia, Kyrgyzstan: Marriages of Minors Prohibited

(May 9, 2017) As of January 1, 2017, article 15073 of the Civil Code of Georgia, which had temporarily allowed marriages of minors, became obsolete.  (Law No. 4646 of December 16, 2016 on Amending the Civil Code of Georgia, MATSNE.GOV.GE (official publication) (in Georgian).)  The article was a transitory provision that had remained in effect […]

Israel: Rabbinical Courts May Recommend Social Religious Sanctions Against Husbands Who Refuse to Divorce

(May 2, 2017) On February 28, 2017, Israel’s Supreme Court, sitting as a High Court of Justice, in a five-to-two decision, rejected an appeal lodged by two Jewish husbands against (separate) rulings by rabbinical courts to subject the men to the application of 12th century social/religious sanctions not expressly authorized under Israeli law.  (HCJ 5185/13 […]

Israel: Supreme Court Prohibits Third Party Appeal over Legitimacy of Divorce

(Apr. 28, 2017) On March 30, 2017, Israel’s Supreme Court, sitting as a High Court of Justice, accepted an appeal against a Rabbinical Court of Appeals decision to review an appeal submitted by an unrelated third party against the legitimacy of a get (Jewish divorce document) recognized by the regional rabbinical court. (HJC 9261/16 Anonymous […]

Israel: Expansion of Rabbinical Courts’ Enforcement Authority over Divorce Refusers

(Apr. 25, 2017) On April 3, 2017, the Knesset (Israel’s parliament) passed the Rabbinical Courts (Enforcement of Divorce Judgements) (Amendment No. 8) Law, 5777-2017 (Amendment Law). (SEFER HAHUKIM [BOOK OF LAWS, official gazette, SH] 5777 No. 2627 p. 593, available at KNESSET NATIONAL LEGISLATION DATABASE (in Hebrew).)  The Amendment Law amends the Rabbinical Courts (Enforcement of […]

Brazil: New Law Creates System of Guarantees for Protection of Young Victims of Violence

(Apr. 20, 2017) On March 31, 2017, Brazil’s government adopted Law No. 13,431 to put in place a system of guarantees for children and adolescents who are witnesses to or victims of violence, to create mechanisms to prevent violence, and to establish measures of assistance and protection for children and adolescents in situations of violence. […]

Australia: Bail Presumption Reversed for Domestic Violence Cases in Queensland

(Apr. 14, 2017) On March 30, 2017, the Bail (Domestic Violence) and Another Act Amendment Act 2017 (Qld) received assent, following its passage by the Queensland Parliament on March 22. (Bail (Domestic Violence) and Another Act Amendment Act 2017 (Qld), Queensland Legislation website; Gail Burke, Domestic Violence Laws: Alleged Offenders Have to Prove Why They Should Get […]

Mongolia: Domestic Violence Made a Criminal Offense

(Apr. 12, 2017) On February 1, 2017, Mongolia’s newly amended Law to Combat Domestic Violence entered into force. The new Law was adopted on December 22, 2016, although it had originally been approved by the Great Hural (the parliament) on May 13, 2016, and scheduled for entry into effect on September 1 of that year. […]

China: Court Orders “Cooling-Down” Period in Divorce Proceedings

(Apr. 5, 2017) On March 8, 2017, a county court in Sichuan Province, China, reportedly ordered a divorcing couple to “cool down” for three months before mentioning the subject of divorce to each other.  “During the cooling-down period, the parties must remain calm and rational and think twice before acting, and in principle cannot bring up […]