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Algeria Divorce & Family Law

International Divorce & Family Law: Algeria

In Algeria the Family Code regulates issues that arise during divorce. The country is a predominantly Muslim one and the UN has indicated that the Code is directly influenced by Islamic law. Women have fewer opportunities to divorce in Algeria and they have fewer property rights. We act for Algerian men and women in the UK seeking a divorce and for UK nationals in Algeria experiencing marital breakdown. We can examine your circumstances to see whether the courts in Algeria can finalise your divorce and/or whether the courts here have jurisdiction.

 

How To Divorce In Algeria

The grounds for divorce in Algeria differ widely from those in England and Wales. They are as follows:

  • On petition of the wife on payment of khol – effectively compensation to the husband for breaking the marital bond
  • On the wife’s request where one of several factors rise, including criminal conviction of the husband, the husband’s absence for more than 12 months, and for serious fault of the husband (for example domestic abuse)
  • Mutual consent
  • On request of the husband (without any need to justify the request for divorce)

 

Child Arrangements Following Algerian Divorce

There is a hierarchy of persons entitled to custody of children following divorce. Custody will be granted first to the mother. If she is unfit to bring the child up custody goes in order to the father, the maternal grandmother, the paternal grandmother then to aunts and other relatives in the best interests of the child. In practice it is highly unusual for the mother not to be granted custody of a child following divorce.

One other aspect of Algerian law in respect of children to note is that where one parent lives abroad in a non-Muslim country the right to custody is granted to a parent resident in Algeria.

 

Financial Aspects Of Algerian Divorce

Married couples normally hold property separately in Algeria under the separation of property regime that takes effect on marriage. Spouses may depart from this regime if they choose to. Whether or not a woman receives maintenance or a lump sum on divorce will depend to a large extent on the grounds used to obtain the divorce. There is a greater chance of a financial settlement for the wife where the husband instigated the divorce.

 

Advice On Algerian Divorce

There are clearly big differences between divorce laws in Algeria and the UK, particularly in relation to the rules governing financial settlements. We represent Algerians in the UK, UK citizens in Algeria and anyone whose marriage or divorce may be impacted in some way by Algerian family law. We can help you decide whether your divorce should be heard in the UK or whether your rights may be more easily safeguarded through a divorce in Algeria.

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