Property division, payment of maintenance and child arrangements are the three main issues to deal with when a couple gets divorced. If there is an international element to the divorce the way these matters are resolved can be uncertain. Take Yemen for example – where civil war continues to ravage the country. There are stark differences between the way the courts there and the courts in England approach financial settlements and support for wives in particular during divorce and related proceedings.
We act for individuals from across the globe who are considering divorce in England. Here we highlight some aspects of Yemeni divorce practice that may be relevant to your situation should you or your spouse have some legal connection to the Yemeni Republic.
Getting Divorced In Yemen
Human rights organisations identify some of the barriers to equality women in the Yemen face when it comes to marriage and divorce. For example:
- A male guardian must consent to a woman’s marriage
- The Yemeni Personal Status Law is based on Sharia Law and permits a husband to divorce his wife unilaterally and without cause (‘talaq’)
- The ability of women to divorce is limited. Wives must seek the court’s approval for a divorce and a decree will only be granted under certain stringent conditions (the husband’s impotence or on the basis that her husband has harmed the wife for example)
- A woman can seek a ‘no-fault’ divorce or a “khul” but if she does so she must pay back any dowry and forfeit any claim she may have to financial support
Responsibilities Of Parents After Divorce In Yemen
Following divorce the father remains legal guardian of any children. He also continues to have an obligation to financially support them. The Personal Status Act allows women to have primary custody of younger children under certain conditions.
Advice On Divorce In Yemen
The nature of Yemeni divorce law and the restrictions on the ability of women to marry freely and to seek a divorce mean the choice of jurisdiction can make a big difference to any divorce outcome where one of the parties has a link to the Yemen. We can advise clients in circumstances where they may have a connection to Yemen and are seeking divorce though the courts of England and Wales. This includes Yemeni nationals in the UK and UK citizens who have settled in the Yemen. Even if we have not handled Yemeni divorce cases directly, our vast international divorce experience means we have the resources and expertise to advise you on your legal options and protect your position as strongly as possible.
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