129-1035: Women's Action Forum ( WAF ) is a women's rights organization in Pakistan . Women's Action Forum (WAF) was established in Karachi in September, 1981 by a group of 15 women named Farida Sher, Samina Rehman, Najma Sadeque (1943- 2015) (Founder of Shirkat Gah ), Rukhsana Rashid, Ghazala Rahman Rafiq , Farida Shaheed (head of NGO named Shirkat Gah), Fareeha Zafar, Aban Marker Kabraji , Zohra Yusuf (member Shirkat Gah), Nighat Said Khan (founder of Applied Socio-Economic Resource Center-ASR), Humaira Rehman, Sultanat Bokhari, Khawar Mumtaz , Hilda Saeed (member Shirkat Gah), Lala Rukh (1948 – 2017), Nigar Ahmed (1945 – 2017) and Nasreen Azhar, some of whom were associated with Lahore Grammar School , National College of Arts and NGOs like Simorgh, Society for Advancement of Education (SAHE) and Aurat Foundation . Other organisations which endorsed
258-444: A marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage. Divorce laws vary considerably around
387-419: A no-fault divorce system, in which a divorce can be granted based only on the assertion by one of the parties that the marriage has broken down irretrievably, without any need for an allegation or proof of fault. The application can be made by either party or by both parties jointly. In jurisdictions adopting the no-fault principle, some courts may still take fault into account when determining some aspects of
516-743: A personality clash or infidelity . The only countries that do not allow divorce are the Philippines and the Vatican City . In the Philippines, divorce for non-Muslim Filipinos is not legal unless one spouse is an undocumented immigrant and satisfies certain conditions. The Vatican City is a theocratic state ruled by the head of the Catholic Church, and does not allow for divorce . Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975, although from 1910 to 1940 it
645-534: A "breakdown" of the marriage is interpreted very differently from jurisdiction to jurisdiction, ranging from very liberal interpretations (e.g. Netherlands ) to quite restrictive ones (e.g., in Poland , there must be an "irretrievable and complete disintegration of matrimonial life", but there are many restrictions to granting a divorce). Separation constitutes a ground of divorce in some European countries (in Germany , e.g.,
774-407: A breach of a fiduciary duty to his or her spouse. Grounds for divorce differs from jurisdiction to jurisdiction in the worldwide. Some states have no-fault divorce ; some states require a declaration of fault on the part of one partner or both; some states allow either method. In most jurisdictions, a divorce must be certified or ordered by a Judge in a court of law to come into effect. The terms of
903-485: A condition that a widow's right to property should cease on remarriage, and the Leonine Constitutions at the end of the 9th century made third marriages punishable. The same constitutions made the benediction of a priest a necessary part of the ceremony of marriage. Women throughout historical and ancient China were considered inferior and had subordinate legal status based on Confucian law . In Imperial China,
1032-466: A crime in which the victim bore no guilt and a capital crime. The rape of a woman was considered an attack on her family and father's honour, and rape victims were shamed for allowing the bad name in her father's honour. As a matter of law, rape could be committed only against a citizen in good standing. The rape of a slave could be prosecuted only as damage to her owner's property. The first Roman emperor , Augustus , framed his ascent to sole power as
1161-426: A divorce is granted on the basis of a 1-year separation if both spouses consent, or 3-year separation if only one spouse consents). Note that "separation" does not necessarily mean separate residences – in some jurisdictions, living in the same household but leading a separate life (e.g., eating, sleeping, socializing, etc. separately) is sufficient to constitute de facto separation; this is explicitly stated, e.g., in
1290-467: A divorce. In some countries (commonly in Europe and North America), the government defines and administers marriages and divorces. While ceremonies may be performed by religious officials on behalf of the state, a civil marriage and thus, civil divorce (without the involvement of a religion) is also possible. Due to differing standards and procedures, a couple can be legally unmarried, married, or divorced by
1419-486: A divorced husband could easily remarry another woman, provided that his first wife had borne him no offspring. Female deities, such as Inanna , were widely worshipped. The Akkadian poet Enheduanna , the priestess of Inanna and daughter of Sargon , is the earliest known poet whose name has been recorded. Old Babylonian law codes permitted a husband to divorce his wife under any circumstances, but doing so required him to return all of her property and sometimes pay her
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#17328701238131548-495: A dowry from the husband, which she could administer as her personal property, the Qur'an made women a legal party to the marriage contract . While in customary law, inheritance was often limited to male descendants, the Qur'an included rules on inheritance with certain fixed shares being distributed to designated heirs, first to the nearest female relatives and then the nearest male relatives. According to Annemarie Schimmel "compared to
1677-570: A filing fee is paid to the state. Most U.S. states charge between $ 175 and $ 350 for a simple divorce filing. Collaborative divorce and mediated divorce are considered uncontested divorces. In the United States , many state court systems are experiencing an increasing proportion of pro se ( i.e. , litigants represent themselves without a lawyer) in divorce cases. For example, courts in urban areas of California report that almost 80% of new divorces are filed pro se . Collaborative divorce
1806-409: A fine. Most law codes forbade a woman to request her husband for a divorce and enforced the same penalties on a woman asking for divorce as on a woman caught in the act of adultery . Some Babylonian and Assyrian laws, however, afforded women the same right to divorce as men, requiring them to pay the same fine. The majority of East Semitic deities were male. In ancient Egypt, women enjoyed
1935-498: A historical context, Muhammad "can be seen as a figure who testified on behalf of women's rights." Women's rights were protected already by the early Medieval Christian Church: one of the first formal legal provisions for the right of wives was promulgated by council of Adge in 506, which in Canon XVI stipulated that if a young married man wished to be ordained, he required the consent of his wife. The English Church and culture in
2064-552: A husband and eventually becoming a mother. That was the core purpose set out both culturally and religiously across Medieval Europe. Rape was also seen in medieval England as a crime against the father or husband and a violation of their protection and guardianship of the women whom they look after in the household. Women's identities in the Middle Ages were also referred through their relations with men they associated with, such as "his daughter" or "so and so's wife". Despite all this,
2193-519: A husband's transferring property without the consent of his wife, but he still retained the right to manage it and to receive the money which it produced. French married women suffered from restrictions on their legal capacity which were removed only in 1965. In the 16th century, the Reformation in Europe allowed more women to add their voices, including the English writers Jane Anger , Aemilia Lanyer , and
2322-478: A lawyer's time and preparation. In such a divorce the spouses are not able to agree on issues for instance child custody and division of marital assets. In such situations, the litigation process takes longer to conclude. The judge controls the outcome of the case. Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce settlement, which negotiate mutually acceptable resolution to conflicts. This principle in
2451-496: A lesser degree than their children. This archaic form of manus marriage was largely abandoned by the time of Julius Caesar , when a woman remained under her father's authority by law even when she moved into her husband's home. This arrangement was one of the factors in the independence Roman women enjoyed. Although women had to answer to their fathers in legal matters, they were free of his direct scrutiny in their daily lives, and their husbands had no legal power over them. When
2580-468: A man. They were simultaneously disparaged as too ignorant and weak-minded to practice law, and as too active and influential in legal matters—resulting in an edict that limited women to conducting cases on their own behalf instead of others'. But even after this restriction was put in place, there are numerous examples of women taking informed actions in legal matters, including dictating legal strategy to their male advocates. Roman law recognized rape as
2709-565: A married man did not commit adultery when he had sex with a prostitute, slave , or person of marginalized status ( infamis ) . Most prostitutes in ancient Rome were slaves, though some slaves were protected from forced prostitution by a clause in their sales contract. A free woman who worked as a prostitute or entertainer lost her social standing and became infamis , "disreputable"; by making her body publicly available, she had in effect surrendered her right to be protected from sexual abuse or physical violence. Stoic philosophies influenced
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#17328701238132838-440: A non judiciary administrative entity . In specific cases, with no children , real property , alimony , or common address, can be completed within one hour. Divorce mediation is an alternative to traditional divorce litigation. In a divorce mediation session, a mediator facilitates the discussion between the two parties by assisting with communication and providing information and suggestions to help resolve differences. At
2967-459: A party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, shared care arrangements and support. In some jurisdictions, one spouse may be forced to pay the attorney's fees of another spouse. Laws vary as to the waiting period before a divorce is effective. Also, residency requirements vary. However, issues of division of property are typically determined by
3096-493: A professed religious life, and of due provision for the wife. The church also supported the political power of those who were friendly toward the clergy. The appointment of mothers and grandmothers as tutors was sanctioned by Justinian. The restrictions on the marriage of senators and other men of high rank with women of low rank were extended by Constantine , but it was almost entirely removed by Justinian . Second marriages were discouraged, especially by making it legal to impose
3225-498: A return to traditional morality , and attempted to regulate the conduct of women through moral legislation . Adultery , which had been a private family matter under the Republic, was criminalized, and defined broadly as an illicit sex act ( stuprum ) that occurred between a male citizen and a married woman, or between a married woman and any man other than her husband. Therefore, a married woman could have sex only with her husband, but
3354-399: A simple allegation of 'irreconcilable differences,' 'irretrievable break-down', or 'incompatibility' with respect to the marriage relationship, or on the ground of de facto separation. A summary or simple divorce, available in some jurisdictions , is used when spouses meet certain eligibility requirements or can agree on key issues beforehand. Key factors: Most Western jurisdictions have
3483-468: A strong philosophical basis. Roman law, similar to Athenian law, was created by men in favor of men. Women had no public voice and no public role, which only improved after the 1st century to the 6th century BCE. Freeborn women of ancient Rome were citizens who enjoyed legal privileges and protections that did not extend to non-citizens or slaves . Roman society , however, was patriarchal , and women could not vote, hold public office , or serve in
3612-399: A woman in such a position was called frilla . There was no distinction made between children born inside or outside of marriage: both had the right to inherit property after their parents, and there were no "legitimate" or "illegitimate" children. These liberties gradually disappeared after the introduction of Christianity, and from the late 13th century, they are no longer mentioned. During
3741-433: A woman's father died, she became legally emancipated ( sui iuris ) . A married woman retained ownership of any property she brought into the marriage. Girls had equal inheritance rights with boys if their father died without leaving a will. Under classical Roman law , a husband had no right to abuse his wife physically or compel her to have sex. Wife beating was sufficient grounds for divorce or other legal action against
3870-431: Is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches. The grounds for a divorce which a party could raise and need to prove included The requirement of proving a ground was revised and withdrawn by the terms of 'no-fault' statutes, which became popular in many Western countries in the late 1960s and early 1970s. In 'no-fault' jurisdictions divorce can be obtained either on
3999-498: Is a method for divorcing couples to come to an agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of attorneys who are trained in the collaborative divorce process and in mediation and often with the assistance of a neutral financial specialist or divorce coaches. The parties are empowered to make their own decisions based on their own needs and interests, but with complete information and full professional support. Once
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4128-534: Is administered separately by each religious community (Jews, Christians, Muslims, and Druze), and there is no provision for interfaith marriages other than marrying in another country. For Jews, marriage and divorce are administered by Orthodox rabbis. Partners can file for divorce either in rabbinical court or Israeli civil court. According to a study published in the American Law and Economics Review, women have filed slightly more than two-thirds of divorce cases in
4257-506: Is at fault for the divorce. Many jurisdictions offer both the option of a no fault divorce as well as an at fault divorce. This is the case, for example, in many states of the US , France and the Czech Republic . Though divorce laws vary between jurisdictions , there are two basic approaches to divorce: fault based and no-fault based. However, even in some jurisdictions that do not require
4386-412: Is called the "cohabitation effect". Evidence suggests that although this correlation is partly due to two forms of selection ( a ) that persons whose moral or religious codes permit cohabitation are also more likely to consider divorce permitted by morality or religion and ( b ) that marriage based on low levels of commitment is more common among couples who cohabit than among couples who do not, such that
4515-434: Is different from annulment , which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to
4644-511: Is not without opposition, particularly in the United States. Indeed, in the US, certain conservative and religious organizations are lobbying for laws which restrict divorce. In 2011, in the US, the Coalition for Divorce Reform was established, describing itself as an organization "dedicated to supporting efforts to reduce unnecessary divorce and promote healthy marriages". The magisterium of
4773-457: Is seen as a contract, the refusal or inability of one spouse to perform the obligations stipulated in the contract may constitute a ground for divorce for the other spouse. In contrast, in some countries (such as Sweden, Finland, Australia, New Zealand), divorce is purely no fault . This means it does not matter what the reasons are that a party or parties want to separate. They can separate of their own free will without having to prove someone
4902-422: Is strongest for women who have cohabited with multiple men before marriage. To Teachman, the fact that the elevated risk of divorce is only experienced when the premarital partner(s) is someone other than the husband indicates that premarital sex and cohabitation are now a normal part of the courtship process in the United States. This study only considers data on women in the 1995 National Survey of Family Growth in
5031-454: Is that of safeguarding the household property created by men. According to Aristotle, the labour of women added no value because "the art of household management is not identical with the art of getting wealth, for the one uses the material which the other provides". Contrary to Plato's views, the Stoic philosophers argued for equality of the sexes, sexual inequality being in their view contrary to
5160-502: Is to go free, without any payment of money" ( Exodus 21:10–11 ). The Qur'an , which Muslims believe was revealed to Muhammad over the course of 23 years, provided guidance to the Islamic community and modified existing customs in Arab society . The Qur'an prescribes limited rights for women in marriage , divorce , and inheritance . By providing that the wife, not her family, would receive
5289-409: The oikos headed by the male kyrios . Until marriage, women were under the guardianship of their father or another male relative. Once married, the husband became a woman's kyrios . As women were barred from conducting legal proceedings, the kyrios would do so on their behalf. Athenian women could only acquire rights over property through gifts, dowry, and inheritance, though her kyrios had
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5418-982: The Hellenistic period in Athens, the philosopher Aristotle thought that women would bring disorder and evil, therefore it was best to keep women separate from the rest of the society. This separation would entail living in a room called a gynaikeion , while looking after the duties in the home and having very little exposure to the male world. This was also to ensure that wives only had legitimate children from their husbands. Athenian women received little education, except home tutorship for basic skills such as spinning, weaving, cooking, and some knowledge of money. Although Spartan women were formally excluded from military and political life, an extremely small " upper crust " enjoyed considerable status as mothers of Spartan warriors. As men engaged in military activity, women took responsibility for running estates. Following protracted warfare in
5547-651: The Republic of China was overthrown by communist guerillas led by Mao Zedong , and the People's Republic of China was founded in the same year. In May 1950 the People's Republic of China enacted the New Marriage Law to tackle the sale of women into slavery. This outlawed marriage by proxy and made marriage legal so long as both partners consent. The New Marriage Law raised the legal age of marriage to 20 for men and 18 for women. This
5676-653: The city states of ancient Greece, they enjoyed a certain freedom of movement until the Archaic age . Records also exist of women in ancient Delphi , Gortyn , Thessaly , Megara , and Sparta owning land, the most prestigious form of private property at the time. However, after the Archaic age, legislators began to enact laws enforcing gender segregation, resulting in decreased rights for women. Women in Classical Athens had no legal personhood and were assumed to be part of
5805-426: The " Three Obediences " promoted daughters to obey their fathers, wives to obey their husbands, and widows to obey their sons. Women could not inherit businesses or wealth and men had to adopt a son for such financial purposes. Late imperial law also featured seven different types of divorces. A wife could be ousted if she failed to birth a son, committed adultery, disobeyed her parents-in-law, spoke excessively, stole,
5934-490: The 15th century the terminology "witchcraft" was definitely viewed as something feminine as opposed to prior years. Famous witchcraft manuals such as the Malleus Maleficarum and Summis Desiderantes depicted witches as diabolical conspirators who worshipped Satan and were primarily women. Culture and art at the time depicted these witches as seductive and evil, further fuelling moral panic in fusion with rhetoric from
6063-462: The 19th century. For the upper classes, it was almost 100%. In 1912, the Chinese government ordered the cessation of foot-binding. Foot-binding involved the alteration of the bone structure so that the feet were only about four inches long. The bound feet caused difficulty in movement, thus greatly limiting the activities of women. Due to the social custom that men and women should not be near each other,
6192-461: The 2004 Grant Thornton survey in the UK, women obtained a better or considerably better settlement than men in 60% of cases. In 30% of cases the assets were split 50–50, and in only 10% of cases did men achieve better settlements (down from 24% the previous year). The report concluded that the percentage of shared residence orders would need to increase in order for more equitable financial divisions to become
6321-463: The 4th century BC, Spartan women owned approximately between 35% and 40% of all Spartan land and property. By the Hellenistic Period, some of the wealthiest Spartans were women. Spartan women controlled their own properties, as well as the properties of male relatives who were away with the army. But despite relatively greater freedom of movement for Spartan women, their role in politics
6450-648: The Christian Middle Ages, the Medieval Scandinavian law applied different laws depending on the local county law, signifying that the status of women could vary depending on which county she was living in. The 16th and 17th centuries saw numerous witch trials , which resulted in thousands of people across Europe being executed, of whom 75–95% were women (depending on time and place). The executions mostly took place in German-speaking lands, and during
6579-564: The Christianization of Europe, there was little space for women's consent for marriage and marriage through purchase (or Kaufehe ) was actually the civil norm, as opposed to the alternative marriage through capture (or Raubehe ). However Christianity was slow to reach other Baltic and Scandinavian areas with it only reaching King Harald Bluetooth of Denmark in the year 950 AD. Those living under Norwegian and Icelandic laws used marriages to forge alliances or create peace, usually without
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#17328701238136708-483: The Church still emphasized the importance of love and mutual counselling within marriage and prohibited any form of divorce so the wife would have someone to look after her. In overall Europe during the Middle Ages, women were inferior to men in legal status. Throughout medieval Europe, women were pressured to not attend courts and leave all legal business affairs to their husbands. In the legal system, women were regarded as
6837-505: The Church. The origin of the female "witch" myth traces back to Roman mythical night creatures known as Strix, who were thought to appear and disappear mysteriously in the night. They were also believed by many to be of transformed women by their own supernatural powers. This Roman myth itself is believed to originate from the Jewish Sabbath which described non-supernatural women who would suspiciously leave and return home swiftly during
6966-553: The Garden of Eden. Women's inferiority also appears in much medieval writing; for example, the 1200 AD theologian Jacques de Vitry (who was rather sympathetic to women over others) emphasized female obedience towards their men and described women as slippery, weak, untrustworthy, devious, deceitful and stubborn. The church also promoted the Virgin Mary as a role model for women to emulate by being innocent in her sexuality, being married to
7095-569: The Icelandic Grágás and the Norwegian Frostating laws and Gulating laws. The paternal aunt, paternal niece and paternal granddaughter, referred to as odalkvinna , all had the right to inherit property from a deceased man. In the absence of male relatives, an unmarried woman with no son could, furthermore, inherit not only property, but also the position as head of the family from a deceased father or brother. A woman with such status
7224-532: The Islamabad and Lahore chapters in 1982. Amar Sindhu along with Arfana Mallah started chapter of Women's Action Forum (WAF) in Hyderabad in 2008. Since then they are actively working with WAF. Afiya Shehrbano Zia , famous feminist researcher is an active member of WAF, from Karachi. Women%27s rights Women's rights are the rights and entitlements claimed for women and girls worldwide. They formed
7353-517: The Middle Ages regarded women as weak, irrational, vulnerable to temptation, and constantly needing to be kept in check. This was reflected on the Christian culture in England through the story of Adam and Eve where Eve fell to Satan's temptations and led Adam to eat the apple. This belief was based on St. Paul , that the pain of childbirth was a punishment for this deed that led mankind to be banished from
7482-590: The Roman Catholic Church founds the concept of marriage on natural moral law , elaborated by St. Thomas Aquinas , supplemented by the revealed Divine law . The doctrine of the Doctor Angelicus has been partially shared by the Eastern Orthodox Church in the course of history. In some jurisdictions, the courts will seldom apply principles of fault, but might willingly hold a party liable for
7611-409: The U.S. are "uncontested", because the two parties are able to come to an agreement (either with or without lawyers/mediators/collaborative counsel) about the property, children, and support issues. This is also known as Mutual Consent Divorce or simply Mutual Divorce. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is typically guaranteed. If
7740-552: The UK by management consultants Grant Thornton , estimates the main proximate causes of divorce based on surveys of matrimonial lawyers. The main causes in 2004 were: According to this survey, husbands engaged in extramarital affairs in 75% of cases, and wives in 25%. In cases of family strain, wives' families were the primary source of strain in 78%, compared to 22% of husbands' families. Emotional and physical abuse were more evenly split, with wives affected in 60% and husbands in 40% of cases. In 70% of workaholism-related divorces it
7869-475: The United States and other Western countries. Fault-based divorces can be contested; evaluation of offences may involve allegations of collusion of the parties working together to get the divorce, or condonation by approving the offence, connivance by tricking someone into committing an offence, or provocation by the other party. Contested fault divorces can be expensive, and not usually practical as eventually most divorces are granted. Comparative rectitude
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#17328701238137998-486: The United States is called 'Alternative Dispute Resolution' and has gained popularity. Before the late 1960s, nearly all countries that permitted divorce required proof by one party that the other party had committed an act incompatible with the marriage. This was termed "grounds" for divorce (popularly called "fault") and was the only way to terminate a marriage. No-fault divorce is available in Australia, New Zealand, Canada,
8127-451: The United States. This trend is mirrored in the UK where a recent study into web search behavior found that 70% of divorce inquiries were from women. These findings also correlate with the Office for National Statistics publication "Divorces in England and Wales 2012" which reported that divorce petitions from women outnumber those from men by 2 to 1. Regarding divorce settlements, according to
8256-440: The absence of their brothers, do certain trades without their husbands, and widows could receive dower. In areas governed by Roman-based written laws, women were under male guardianship in matters involving property and law , with fathers overseeing daughters, husbands overseeing wives and uncles or male relatives overseeing widows. Throughout Europe, women's legal status centered around their marital status while marriage itself
8385-401: The area of family court matters. Divorce mediation can be significantly less costly, both financially and emotionally, than litigation. The adherence rate to mediated agreements is much higher than that of adherence to court orders. Polygamy is a significant structural factor governing divorce in countries where this is permitted. Little-to-no analysis has been completed to explicitly explain
8514-446: The authority of their husbands by transferring the authority to their male relatives. A wife's property and land also could not be taken by the husband without her family's consent but neither could the wife. This meant a woman could not transfer her property to her husband without her family or kinsman's consent either. In Swedish law, a woman would also only get half that of her brother in inheritance. Despite these legal issues, Sweden
8643-402: The basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st centuries. In some countries, these rights are institutionalized or supported by law, local custom, and behavior, whereas in others, they are ignored and suppressed. They differ from broader notions of human rights through claims of an inherent historical and traditional bias against
8772-587: The causes of divorce in terms of underlying factors that may motivate divorce. One of these factors is the age at which a person gets married; delaying marriage may provide more opportunity or experience in choosing a compatible partner. Wage, income, and sex ratios are other such underlying factors that have been included in analyses by sociologists and economists. Couples with a high household income are less likely to divorce than poor couples. Other personal factors, such as attending religious services regularly and having at least one child together, also reduce
8901-516: The charter of WAF included Democratic Women's Association , Tehrik-e-Niswan , Shirkat Gah , Pakistan Women Lawyers' Association , All Pakistan Women's Association and later on Sindhiani Tahreek . The WAF was formed to respond to the implementation of the Hudood Ordinance penal code and to strengthen women's position in society generally. Women from civil society organizations in Karachi became
9030-567: The church. In the case of divorce for other cause, neither party shall be permitted to marry again during the lifetime of the other; and violation of this law shall be punished by expulsion from the church (Matt. 5:32; Mark 10:11, 12). In the carrying out of these principles, guilt shall be established in accordance with judicial procedures set forth in The Discipline . Jewish views of divorce differ, with Reform Judaism considering civil divorces adequate; Conservative and Orthodox Judaism , on
9159-445: The collaborative divorce starts, the lawyers are disqualified from representing the parties in a contested legal proceeding, should the collaborative law process end prematurely. Most attorneys who practise collaborative divorce claim that it can be more cost-effective than other divorce methods, e.g. , going to court. Portugal , for example, allows two persons to file an electronic request for no-fault collaborative divorce in
9288-700: The college was enabled in Guangzhou, China, by a large donation from Edward A.K. Hackett (1851–1916) of Indiana, US. The college was aimed at the spreading of Christianity and modern medicine and the elevation of Chinese women's social status. During the Republic of China (1912–49) and earlier Chinese governments, women were legally bought and sold into slavery under the guise of domestic servants. These women were known as Mui Tsai . The lives of Mui Tsai were recorded by American feminist Agnes Smedley in her book Portraits of Chinese Women in Revolution . However, in 1949
9417-471: The development of Roman law. Stoics of the Imperial era such as Seneca and Musonius Rufus developed theories of just relationships . While not advocating equality in society or under the law, they held that nature gives men and women equal capacity for virtue and equal obligations to act virtuously, and that therefore men and women had an equal need for philosophical education. These philosophical trends among
9546-412: The divorce are usually determined by the courts, though they may take into account prenuptial agreements or post-nuptial agreements, or ratify terms that the spouses may have agreed to privately, while in other areas, agreements related to the marriage have to be rendered in writing to be enforceable. In the absence of agreement, a contested divorce may be stressful to the spouses. In some countries, when
9675-473: The early Vedic period enjoyed equal status with men in all aspects of life. Works by ancient Indian grammarians such as Patanjali and Katyayana suggest that women were educated in the early Vedic period. Rigvedic verses suggest that women married at a mature age and were probably free to select their own husbands in a practice called swayamvar or live-in relationship called Gandharva marriage . Although most women lacked political and equal rights in
9804-800: The end of the mediation process, the separating parties have typically developed a tailored divorce agreement that can be submitted to the court. Mediation sessions can include either party's attorneys, a neutral attorney, or an attorney-mediator who can inform both parties of their legal rights, but does not provide advice to either, or can be conducted with the assistance of a facilitative or transformative mediator without attorneys present at all. Some mediation companies, such as Wevorce, also pair clients with counselors, financial planners and other professionals to work through common mediation sticking points. Divorce mediators may be attorneys who have experience in divorce cases, or they may be professional mediators who are not attorneys, but who have training specifically in
9933-539: The event of adultery. For example, the Allegheny Wesleyan Methodist Connection , in its 2014 Discipline, teaches: We believe that the only legitimate marriage is the joining of one man and one woman (Gen. 2:24; Rom. 7:2; 1 Cor. 7:10; Eph. 5:22, 23). We deplore the evils of divorce and remarriage. We regard adultery as the only scripturally justifiable grounds for divorce; and the party guilty of adultery has by his or her act forfeited membership in
10062-651: The exercise of rights by women and girls, in favor of men and boys. Issues commonly associated with notions of women's rights include the right to bodily integrity and autonomy , to be free from sexual violence , to vote , to hold public office, to enter into legal contracts, to have equal rights in family law , to work , to fair wages or equal pay , to have reproductive rights , to own property , and to education . Women in ancient Sumer could buy, own, sell, and inherit property. They could engage in commerce, and testify in court as witnesses. Nonetheless, their husbands could divorce them for mild infractions, and
10191-492: The family business or to acquire literacy skills that enabled them to work as scribes and secretaries. The woman who achieved the greatest prominence in the ancient world for her learning was Hypatia of Alexandria , who taught advanced courses to young men and advised the Roman prefect of Egypt on politics. Her influence put her into conflict with the bishop of Alexandria , Cyril , who may have been implicated in her violent death in
10320-469: The family laws of Latvia or the Czech Republic. Divorce laws are not static; they often change reflecting evolving social norms of societies. In the 21st century, many European countries have made changes to their divorce laws, in particular by reducing the length of the necessary periods of separation, e.g., Scotland in 2006 (1 or 2 years from the previous 2 or 5 years); France in 2005 (2 years from
10449-462: The founding members of the WAF which has later been joined by chapters from Lahore (Punjab) and Islamabad (Capital of Pakistan) soon within a period of one year. In Karachi , Lahore , Islamabad , Hyderabad , Peshawar and Quetta the group agreed on collective leadership and formulated policy statements and engaged in political action to safeguard women's legal position. Nigar Ahmed (1945 – 2017) started
10578-596: The get or a woman whose husband is missing without sufficient knowledge that he died, called an agunah , is still married, and therefore cannot remarry. Under Orthodox law, children of an extramarital affair involving a married Jewish woman are considered mamzerim and cannot marry non- mamzerim . In the western world as a whole, two thirds of divorces are initiated by women. In the United States, 69% of divorces are initiated by women and this may be due to higher sensitivity to relationship difficulties. 66% of all divorces occur in couples without children. An annual study in
10707-429: The husband. Because of their legal status as citizens and the degree to which they could become emancipated, women in ancient Rome could own property, enter contracts, and engage in business. Some acquired and disposed of sizable fortunes, and are recorded in inscriptions as benefactors in funding major public works. Roman women could appear in court and argue cases, though it was customary for them to be represented by
10836-413: The law of the jurisdiction in which the property is located. In Europe, divorce laws differ from country to country, reflecting differing legal and cultural traditions. In some countries, particularly (but not only) in some former communist countries, divorce can be obtained only on one single general ground of "irretrievable breakdown of the marriage" (or a similar formulation). Yet, what constitutes such
10965-576: The laws of nature. In doing so, they followed the Cynics , who argued that men and women should wear the same clothing and receive the same kind of education. They also saw marriage as a moral companionship between equals rather than a biological or social necessity and practiced these views in their lives as well as their teachings. The Stoics adopted the views of the Cynics and added them to their own theories of human nature, thus putting their sexual egalitarianism on
11094-491: The link between marital instability and polygyny which leads to divorce. The frequency of divorce rises in polygynous marriages compared to monogamous relationships. Within polygynous unions, differences in conjugal stability are found to occur by wife order. There are 3 main mechanisms through which polygyny affects divorce: economic restraint, sexual satisfaction, and childlessness. Many women escape economic restraint through divorcing their spouses when they are allowed to initiate
11223-516: The mean and median levels of commitment at the start of marriage are lower among cohabiting than among non-cohabiting couples), the cohabitation experience itself exerts at least some independent effect on the subsequent marital union. In 2010, a study by Jay Teachman published in Journal of Marriage and Family found that women who have cohabited or had premarital sex with men other than their husbands have an increased risk of divorce and that this effect
11352-622: The military. Women of the upper classes exercised political influence through marriage and motherhood. During the Roman Republic , the mothers of the Gracchus brothers and of Julius Caesar were noted as exemplary women who advanced the careers of their sons. During the Imperial period , women of the emperor's family could acquire considerable political power and were regularly depicted in official art and on coinage. The central core of Roman society
11481-578: The minimum age for girls was 12, while it was 14 for boys. The rate of Wergild suggested that women in these societies were valued mostly for their breeding purposes. The Wergild of woman was double that of a man with the same status in the Aleman and Bavarian legal codes. The Wergild of a woman meanwhile was triple that of a man with the same status in Salic and Repuarian legal codes for women of child-bearing age, which constituted from 12 to 40 years old. One of
11610-462: The mistreatment of women during this time. He was well known for advocating for marital equality among the sexes in his work during the 17th century. According to a study published in the American Journal of Social Issues & Humanities, the condition for women during Locke's time were as quote: Divorce Divorce (also known as dissolution of marriage ) is the process of terminating
11739-524: The most Germanic codes from the Lombard tradition legislated that women be under the control of a male mundoald , which constituted her father, husband, older son or eventually the king as a last resort if she had no male relatives. A woman needed her mundold's permission to manage property but still could own her own lands and goods. Certain areas with Visigothic inheritance laws until the 7th century were favorable to women while all other laws were not. Before
11868-542: The night. Authors of the Malleus Maleficarum strongly established the link between witchcraft and women by proclaiming a greater likelihood for women to be addicted to "evil". The authors and inquisitors Heinrich Kramer and Jacob Sprengerh justified these beliefs by claiming women had greater credulity, impressionability, feeble minds, feeble bodies, impulsivity and carnal natures which were flaws susceptible to "evil" behavior and witchcraft. These sorts of beliefs at
11997-449: The norm. Some jurisdictions give unequal rights to men and women when filing for divorce. For couples following Conservative or Orthodox Jewish law (which by Israeli civil law includes all Jews in Israel), the husband must grant his wife a divorce through a document called a get . Granting the 'get' obligates him to pay the woman a significant sum of money (10,000-$ 20,000) as stated on
12126-571: The other hand, require that the husband grant his wife a divorce in the form of a get . The Millet System , where each religious group regulates its own marriages and divorces, is still present in varying degrees in some post−Ottoman countries including Iraq, Syria, Jordan, Lebanon, Israel, the Palestinian Authority and Egypt. Several countries use sharia (Islamic law) to administrate marriages and divorces for Muslims. Thus, Marriage in Israel
12255-476: The period of obligatory separation (6 months for consensual separations and 1 year for contested ones from the previous 3 years), are allowed other forms of getting a divorce – as an alternative to court proceedings, i.e. the negotiations with the participation of an advocate or agreement made before the registrar of Public Registry Office. Austria by contrast is a European country where the divorce law still remains conservative. The liberalization of divorce laws
12384-614: The pre-Islamic position of women, Islamic legislation meant an enormous progress; the woman has the right, at least according to the letter of the law , to administer the wealth she has brought into the family or has earned by her own work." For Arab women , Islam included the prohibition of female infanticide and recognizing women's full personhood. Women generally gained greater rights than women in pre-Islamic Arabia and medieval Europe . Women were not accorded such legal status in other cultures until centuries later. According to Professor William Montgomery Watt , when seen in such
12513-724: The previous 6 years), Switzerland in 2005 (2 years from the previous 4 years), Greece in 2008 (2 years from the previous 4 years). Some countries have completely overhauled their divorce laws, such as Spain in 2005, and Portugal in 2008 . A new divorce law also came into force in September 2007 in Belgium , creating a new system that is primarily no-fault. Bulgaria also modified its divorce regulations in 2009. Also in Italy , new laws came into force in 2014 and 2015 with significant changes in Italian law in matter of divorce: apart from shortening of
12642-614: The property of men so any threat or injury to them was the duty of their male guardians. In Irish law, women were forbidden to act as witnesses in courts. In Welsh law, women's testimony could be accepted towards other women but not against men, but Welsh laws, specifically The Laws of Hywel Dda , also reflected accountability for men to pay child maintenance for children born out of wedlock, which empowered women to claim rightful payment. In France, women's testimony had to corroborate with other accounts or it would not be accepted. Although women were expected to not attend courts , this however
12771-537: The prophetess Anna Trapnell . English and American Quakers believed that men and women were equal. Many Quaker women were preachers. Despite relatively greater freedom for Anglo-Saxon women , until the mid-19th century, writers largely assumed that a patriarchal order was a natural order that had always existed. This perception was not seriously challenged until the 18th century when Jesuit missionaries found matrilineality in native North American peoples. The philosopher John Locke opposed marital inequality and
12900-415: The religious prenuptial contract, which can be in addition to whatever prior settlement he had reached as far as continuous child support and funds he had to pay by court order in the civil divorce. If the man refuses (agreeing on condition he will not have to pay the money is still called refusing), the woman can appeal to a court or the community to pressure the husband. A woman whose husband refuses to grant
13029-531: The right to dispose of a woman's property. Athenian women could only enter into a contract worth less than the value of a " medimnos of barley" (a measure of grain), allowing women to engage in petty trading. Women were excluded from ancient Athenian democracy , both in principle and in practice. Slaves could become Athenian citizens after being freed, but no woman ever acquired citizenship in ancient Athens. In classical Athens women were also barred from becoming poets, scholars, politicians, or artists. During
13158-435: The rights to purchase, own, sell, and inherit property. The Bible guarantees women the right to sex with their husbands and orders husbands to feed and clothe their wives. Breach of these Old Testament rights by a polygamous man gave the woman grounds for divorce: "If he marries another woman, he must not deprive the first one of her food, clothing and marital rights. If he does not provide her with these three things, she
13287-428: The risk of divorce. Other factors include the wedding itself: Spending relatively little money on the wedding, but having a relatively high number of guests in attendance (e.g., 50 or more people) and going on a honeymoon trip, is associated with a lower risk of divorce. High-cost weddings may strain marriages by causing debt stress . The elevation of divorce rates among couples who cohabited before marriage
13416-502: The ruling elite are thought to have helped improve the status of women under the Empire. Rome had no system of state-supported schooling, and education was available only to those who could pay for it. The daughters of senators and knights seem to have regularly received a primary education (for ages 7 to 12). Regardless of gender, few people were educated beyond that level. Girls from a modest background might be schooled in order to help with
13545-414: The same rights under the law as a man, however rightful entitlements depended upon social class . Landed property descended in the female line from mother to daughter, and women were entitled to administer their own property. Women in ancient Egypt could buy, sell, be a partner in legal contracts , be executors in wills and witnesses to legal documents, bring court action, and adopt children. Women during
13674-423: The spouses agree to divorce and to the terms of the divorce, it can be certified by a non-judiciary administrative entity. The effect of a divorce is that both parties are free to marry again if a filing in an appellate court does not overturn the decision. Contested divorces mean that one of several issues are required to be heard by a judge at trial level—this is more expensive, and the parties will have to pay for
13803-543: The state's definition, but have a different status as defined by a religious order. Other countries use religious law to administer marriages and divorces, eliminating this distinction. In these cases, religious officials are generally responsible for interpretation and implementation. Islam allows , yet generally advises against divorce, and it can be initiated by either the husband or the wife . Christian views on divorce vary: Catholic teaching allows only annulment , while most other denominations discourage it except in
13932-446: The stories about shieldmaidens are unconfirmed, but some archaeological finds such as the Birka female Viking warrior may indicate that at least some women in military authority existed. A married woman could divorce her husband and remarry. It was also socially acceptable for a free woman to cohabit with a man and have children with him without marrying him, even if that man was married;
14061-442: The terms of the divorce decree, for example, the division of property and debts and provision of spousal support. Some behaviors that may constitute marital fault, such as violence, cruelty, or substance abuse may also be considered when determining child custody, but child custody judgements are made based on a different fundamental standard: the child's or children's best interests. It is estimated that upwards of 95% of divorces in
14190-402: The time could send female hermits or beggars to trials just for offering remedies or herbal medicine. This set of developed myths eventually lead to the 16–17th century witch trials which found thousands of women burned at the stake. By 1500, Europe was divided into two types of secular law. One was customary law, which was predominant in northern France, England and Scandinavia, and the other
14319-469: The two parties cannot come to an agreement, they may ask the court to decide how to split property and deal with the custody of their children. Though this may be necessary, the courts would prefer parties to come to an agreement prior to entering court. Where the issues are not complex and the parties are cooperative, a settlement often can be directly negotiated between them. In the majority of cases, forms are acquired from their respective state websites and
14448-654: The women of China were reluctant to be treated by male doctors of Western Medicine. This resulted in a tremendous need for female doctors of Western Medicine in China. Thus, female medical missionary Mary H. Fulton (1854–1927) was sent by the Foreign Missions Board of the Presbyterian Church (USA) to found the first medical college for women in China. Known as the Hackett Medical College for Women (夏葛女子醫學院),
14577-556: The women's say or consent. However divorce rights were permitted to women who suffered physical abuse but protections from harm were not given to those termed "wretched" women such as beggars, servants and slave women. Having sex with them through force or without consent usually had no legal consequence or punishment. During the Viking Age , women had a relatively free status in the Nordic countries of Sweden, Denmark and Norway, illustrated in
14706-434: The world, but in most countries, divorce is a legal process that requires the sanction of a court or other authority, which may involve issues of distribution of property , child custody , alimony (spousal support), child visitation / access , parenting time , child support , and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce
14835-457: The year 415 at the hands of a Christian mob. Since Byzantine law was essentially based on Roman law, the legal status of women did not change significantly from the practices of the 6th century. But the traditional restriction of women in public life as well as the hostility against independent women still continued. Greater influence of Greek culture contributed to strict attitudes about women's roles being domestic instead of being public. There
14964-548: Was Roman-based written law, which was predominant in southern France, Italy, Spain and Portugal. Customary laws favoured men more than women. For example, inheritance among the elites in Italy, England, Scandinavia and France was passed on to the eldest male heir. In all of the regions, the laws also gave men substantial powers over the lives, property and bodies of their wives. However, there were some improvements for women as opposed to ancient custom; for example, they could inherit in
15093-454: Was also a growing trend of women who were not prostitutes, slaves or entertainers to be entirely veiled. Like previous Roman law, women could not be legal witnesses, hold administrations or run banking but they could still inherit properties and own land. As a rule, the influence of the church was exercised in favor of the abolition of the disabilities imposed by the older law upon celibacy and childlessness, of increased facilities for entering
15222-477: Was an essential part of countryside land reform as women could no longer legally be sold to landlords. The official slogan was "Men and women are equal; everyone is worth his (or her) salt". Both before and during biblical times, the roles of women in society were severely restricted. Nonetheless, in the Bible, women are depicted as having the right to represent themselves in court, the ability to make contracts, and
15351-491: Was encouraged by the state. By 27–14 BCE the ius tritium liberorum ("legal right of three children") granted symbolic honors and legal privileges to a woman who had given birth to three children and freed her from any male guardianship. In the earliest period of the Roman Republic, a bride passed from her father's control into the "hand" (manus) of her husband. She then became subject to her husband's potestas , though to
15480-493: Was given to bouts of jealousy, or suffered from an incurable or loathsome disease or disorder. But there were also limits for the husband – for example, he could not divorce if she observed her parents-in-law's mourning sites, if she had no family to return to, or if the husband's family used to be poor and since then had become richer. Confucian thinking relegated women in China to subordinate roles and foot binding left them homemakers. About 45% of Chinese women had bound feet in
15609-412: Was husbands who were the cause, and in 30%, wives. The 2004 survey found that 93% of divorce cases were petitioned by wives, very few of which were contested. 53% of divorces were marriages that had lasted 10 to 15 years, with 40% ending after 5 to 10 years. The first 5 years are relatively divorce-free, and if a marriage survives more than 20 years it is unlikely to end in divorce. Social scientists study
15738-417: Was largely ahead and much superior in its treatment towards women than most European countries. Medieval marriages among the elites were arranged in a way that would meet the interests of the family as a whole. Theoretically a woman needed to consent before a marriage took place and the Church encouraged this consent to be expressed in present tense and not future. Marriage could also take place anywhere and
15867-442: Was not always true. Sometimes, regardless of expectations, women did participate and attend court cases and court meetings. But women could not act as justices in courts, be attorneys or members of a jury, or accuse another person of a felony unless it was the murder of her husband. For the most part, the best thing a woman could do in medieval courts was to observe the legal proceedings taking place. Swedish law protected women from
15996-415: Was possible both for the civil and religious marriage), Brazil (1977), Spain (1981), Argentina (1987), Paraguay (1991), Colombia (1991; from 1976 was allowed only for non-Catholics), Andorra (1995), Ireland (1996), Chile (2004) and Malta (2011). Grounds for divorce vary widely from country to country. Marriage may be seen as a contract , a status , or a combination of these. Where it
16125-416: Was referred to as ringkvinna , and she exercised all the rights afforded to the head of a family clan, such as the right to demand and receive fines for the slaughter of a family member, unless she married, by which her rights were transferred to her husband. After the age of 20, an unmarried woman, referred to as maer and mey , reached legal majority, had the right to decide her place of residence, and
16254-483: Was regarded as her own person before the law. An exception to her independence was the right to choose a marriage partner, as marriages were normally arranged by the clan. Widows enjoyed the same independent status as unmarried women. Women had religious authority and were active as priestesses ( gydja ) and oracles ( sejdkvinna ); within art as poets ( skalder ) and rune masters ; and as merchants and medicine women. They may also have been active within military office:
16383-663: Was the pater familias or the male head of the household who exercised his authority over all his children, servants, and wife. Girls had equal inheritance rights with boys if their father died without leaving a will. Similar to Athenian women, Roman women had a guardian or as it was called "tutor" who managed and oversaw all her activity. This tutelage had limited female activity but by the first century to sixth century BCE, tutelage became very relaxed and women were accepted to participate in more public roles such as owning and managing property or acting as municipal patrons for gladiator games and other entertainment activities Childbearing
16512-457: Was the biggest factor in restricting women's autonomy. Custom, statute and practice not only reduced women's rights and freedoms but prevented single or widowed women from holding public office on the justification that they might one day marry. According to English Common Law , which developed from the 12th century onward, all property which a wife held at the time of marriage became a possession of her husband. Eventually, English courts forbade
16641-435: Was the same as Athenian women. Plato acknowledged that extending civil and political rights to women would substantively alter the nature of the household and the state. Aristotle , who had been taught by Plato, denied that women were slaves or subject to property, arguing that "nature has distinguished between the female and the slave", but he considered wives to be "bought". He argued that women's main economic activity
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