Monday 26 September 2016

Women to have more teeth in divorce settlements


By MATTHEW VARI

Sunday, August 7, 2016 (Sunday Chronicle, PNG)



MARRIED women in the country are set to have just as much as men in the settlement of divorces in the country when amendments to the Marriage and Divorce Act may take effect as early as next week’s parliament sitting if passed by the house.

Constitutional Law Reform Commission Secretary, Dr Eric Kwa, made the changes known when referring to the state of divorces in the country that stigmatizes the rights

“In context of PNG culture a lot of mothers’ merry employed men and they both make a family and over time they break up the marriage or even the woman leaves her job to look after the family and children,” Dr Kwa explained.

“And then the husband decides to divorce her after 20 to 25 years or even 10 years and walks away with all the assets from the car, fridge, to the house.”

“The new amendment that we are pushing through and hoping for it to go through next week is the amendment to the Divorce Act to say that the women- her contribution by looking after the family equates to equal rights to the assets and property of the husband.”

“So if the divorce takes place everything has to be split down the middle. She cannot be chased out.”

He said the amendments are also in line with the Family Protection Act, under domestic violence, as is usually the case when the father is angry, he kicks out the wife and children.

“Under the act we will say no, you get out the wife and children stay. So in the context of these reforms we are saying if you want to remove the wife, you must remove her along with assets like the home to her.”

“So if you want to take your number 2 woman or mistress- the first wife remains the original owner as much as you are, through marriage, even though the title may be under the husbands name under the Lands Department.”

“This is to give some protection to the woman because of the situation of such the women are the main victims of. “

Kwa also added that since the elevation and inclusion of customary marriages since 2014 to be registered under the Civil Registry Act- he said that even divorces in the villages will apply if the customary marriage has been register with Civil Registry.

“Even in the villages if they want to kick the mother out of the customary land she can produce her marriage certificate as a part of the clan and they own the land.”

“It is to strengthen families and women who are the main victims,” Secretary Kwa said.

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