Tag: divorce

Constitutional Law, Society

Irish Referendum To Change Requirement of Couples To Prove Separation From 4 Years to 2 in Divorce Cases

By Darren Smith, Weekend Contributor

I must admit that I am at a bit of a loss on this one. Presently, the Constitution of Ireland requires that couples prove to a family court they have remained separated for four of the preceding five years as part of a petition to dissolve a marriage. Now, a widely heralded amendment is headed to the polls to reduce the separation period to two of the past three.  Forgive me for thinking aloud but, what state interest is there in requiring any time frame?

Continue reading “Irish Referendum To Change Requirement of Couples To Prove Separation From 4 Years to 2 in Divorce Cases” →
Courts, International, Justice, Religion, Society

Jordanian Christian Men Who Convert To Islam Gain Custody And Inheritance Advantages In Divorce Cases

By Darren Smith, Weekend Contributor

Jordan flagAs an example of the perils brought forth in countries having two legal systems, Christian men who intend to divorce their Christian spouse in Jordan receive significant leverage over their wives who remain within their faith.

Under Article 172 of Jordan’s personal status law, a Muslim man automatically receives custody of children aged seven and above when divorcing a Christian woman. This statutory provision provides a husband an attractive advantage in conversion to gain custody where he otherwise could receive an unfavorable determination based upon mitigating factors, such as showing the interests of the children might be better served if they remained within the custody of their mother.

Continue reading “Jordanian Christian Men Who Convert To Islam Gain Custody And Inheritance Advantages In Divorce Cases” →