- Legislation should guarantee women and men equal rights to enter into marriage; equal rights to choose a spouse and enter into marriage only with the free and full consent of both parties, and; equal rights and responsibilities during marriage and at its dissolution. See: Forced and Child Marriage.
- Requiring registration of all assets acquired during marriage in both parties’ names;
- Guarantee the woman’s right to freely manage and dispose of her own property, which includes her salary, inheritance, jewelry, gold, dower, stridhan, and all other property she brings with her to the marriage and household;
- Include a documented list of the woman’s personal property;
- Providing for equal distribution of these joint assets in the event of divorce, based on the percent of each party’s contribution (which includes women’s unpaid domestic work);
- Provide the right to remain in the family home to the woman and the children upon dissolution of the marriage, including divorce and death of the husband. Where the home is rented and the woman has no fixed income, the husband should pay this rent;
- Provide a fixed amount of child support for the children, including a deadline and payment schedule, that takes into account the husband’s income at the time of divorce, the children’s standard of living before divorce, and a provision to increase the child support as needed to meet their growing needs;
- Provide a fixed amount of alimony for the wife, including a deadline and payment schedule that takes into account the husband’s income at the time of divorce and the standard of living before divorce.
(See: Conditions, Not Conflict: Promoting Women’s Human Rights in the Maghreb through Strategic Use of the Marriage Contract, Global Rights, 2008)
- Legislation should provide equal rights for women for divorce and for adequate alimony for spouses and children. See: the Maputo Protocol, Article 7
- Legislation should provide for the complainant/survivor’s right to stay in the home after the divorce.
- Legislation should provide for social insurance and pension rights for complainant/survivors.
- Legislation should ensure equal rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.
- Legislation should provide for expedited distribution of property in divorce cases involving domestic violence. Laws should ensure that stridhan and any dowry or gifts given by the woman’s family is given to her in the event of divorce. Laws should broadly define dowry as any property, goods, cash or valuable security given either directly or indirectly by one spouse or the spouse’s relatives to the other spouse or spouse’s relatives prior to, at or after the marriage.
- Legislation should mandate careful screening of all custody and visitation cases to determine if there is a history of domestic violence or dowry-related violence.
- Drafters must consider the dynamics of domestic violence and dowry-related violence and harassment when drafting laws and regulations on custody and visitation.
- Drafters must ensure that existing laws on child custody and other family law provisions focus on safety of the complainant/survivor and the best interests of the child in dowry-related violence cases. All provisions should be amended to reflect this focus.
- Child abuse and neglect proceedings should target the perpetrators of violence and recognize that the protection of children is often best achieved by protecting their mothers. See: CASE STUDY: Guidelines for Domestic Violence Cases with Child Witnesses below.
See: UN Handbook, 3.13.
The Children’s Law Act (1990) of Newfoundland, Canada states:
(3) In assessing a person's ability to act as a parent, the court shall consider whether the person has ever acted in a violent manner towards (a)his or her spouse or child; (b)his or her child's parent; or (c)another member of the household…Article 31
See: Child Custody and Visitation Decisions When the Father Has Perpetrated Violence Against the Mother (2005).