We are specialist international divorce and family lawyers. We regularly advise clients who are either UK-based but are from another country, are married to a foreign national, or who were married abroad. Here we outline the legal system in Chad as it applies to divorce and related family law issues, such as property division in divorce and arrangements for any children of the marriage.
The Family Law System In Chad
Chad still uses the French Civil Code of 1958. Reform is underway but discussions on a new Code of Persons and Family for Chad has been under discussion for at least two decades. Under the French law, marriage is based on consent and women are afforded the same rights to marry as men. Customary or religious marriages are common but must be registered with the civil authorities. As in Cameroon, Chadian law recognises customary law in parallel with civil law and this can have a prejudicial effect on women when it comes to divorce outcomes.
Under the Civil Code men and women can both apply for divorce on fault-based grounds. Both spouses also have the same responsibilities and rights in respect of children following divorce. Under customary law it’s not uncommon for mothers to get custody of children up to the age of seven. Custody is then transferred to the father.
The US State Department reports that although property laws in Chad ostensibly afford men and women equal legal status, family law is discriminatory toward women. For example, men may marry additional wives under Islamic law and, while the first wife can request dissolution she will be required to pay compensation if the marriage is dissolved.
Advice On Chadian Divorce
If you have a connection to Chad and wish to divorce, getting expert advice is important. At Brookman we work with clients across the world, and we understand the issues that can lead to complications and uncertainty in international divorce. Whilst to date we have not dealt directly with Chadian divorce law, our knowledge of a wide variety of similar international legal systems means can effectively deal with a divorce where Chadian law and customs may play a part.
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