Tunisia Divorce & Family Law

International Divorce & Family Law: Tunisia

Tunisia is regarded as being quite liberal and among the more moderate Arab nations. And plans to review divorce law are underway. In 2018 the government-backed Commission for Individual Equality and Freedoms confirmed that the state would oppose any form of discrimination. This undertaking is expected to extend to the laws on divorce, financial settlements and decisions around guardianship of children.

For now though, significant limitations on what wives can expect to obtain in any divorce settlement remain. As international divorce lawyers we understand how this might affect UK citizens in Tunisia and Tunisians living in the UK who wish to divorce. We outline some specific aspects of Tunisian family law below that may be of relevance to your divorce if you have a connection with that country.

Grounds For Divorce In Tunisia

At present the Code of Personal Status sets out three grounds for divorce:

• Divorce by mutual consent
• At the request of one spouse citing a specific, recognised ground
• As a result of the abuse or injury of one spouse by the other

Divorce in Tunisia is a civil matter. Islamic divorce or Talaq isn’t recognised.

Children And Divorce In Tunisia

Following divorce, issues about children are decided with the focus always on finding an arrangement that is in the best interests of the child. However fathers at present have an exclusive right to guardianship. Although the mother may have day-to-day custody, the father must always approve major decisions about the child’s upbringing.

Exceptionally where a father is unable to take such decisions the mother may be awarded guardianship.

Advice On Tunisian Divorce

Family law in Tunisia is in a state of flux. The Commission for Individual Equalities and Freedoms mentioned above has indicated a desire to remove some of the more restrictive divorce provisions, including those relating to property division, from the statute books. Where there is the possibility that your divorce could be finalised in either Tunisia or the UK we can provide up to date advice and clarity as to where you might obtain a more satisfactory settlement.

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