Self-described liberals are much more likely than conservatives to see polygamy as morally acceptable (34% vs. 9%). Com. Therefore, Dominican Republic courts must take into account whether the foreign marriage or divorce is from a signatory country of the Convention on Private International Law (Bustamante Code) or the HCCH Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children 1996 (Hague Child Protection Convention). De facto polygamy is not outlawed. The Dominican Republic also allows foreign citizens to obtain a bilateral or mutual consent divorce (, Further, no fault divorce is permitted in the Dominican Republic, following the landmark Supreme Court case of, The grounds to request the nullity of a marriage are (. [69] In the region of sub-Saharan Africa, polygyny is common and deeply rooted in the culture, with 11% of the population of sub-Saharan Africa living in such marriages (25% of the Muslim population and 3% of the Christian population, as of 2019). Regardless of their degree of education, the average Nigerian mans conscience, particularly among those nurtured in a cultural milieu, has not changed. The rules relating to marriage, divorce, division of assets and wills are currently out of step, as the vast majority of laws, rules and regulations are based on legal principles provided in the original Napoleonic Civil Code. Is Polygamy Legal? (Legal Implications of Polygamy) - Dandy Law In reality, our patterns of conduct have changed" (, However, if family litigation involves a civil partnership/same-sex marriage, it is most likely that the judicial authorities will handle this as a de facto partnership (, Although Dominican Republic Law 136-03 does not require that family or children cases must be heard in closed hearings, and the Dominican Republic Judicial Council has not issued guidelines regarding whether or not hearings should be in open court or in private chamber, Dominican judges generally hold all hearings relating to children's matters in closed hearings, allowing only the parties involved in the litigation to be present as well as a representative of the National Council for Childhood and Adolescence (. Adoption is available to individuals and heterosexual couples who meet the necessary criteria. That is the Question", "Kyrgyzstan: Debate On Legalized Polygamy Continues Radio Free Europe / Radio Liberty 2010", "Refworld | Central Asia: Kazakhstan debates polygamy amid regional rise in popularity", "Middle East | Iran rejects easing polygamy law", "OneLove Southern Africa Latest Posts / Blog Profile", "Refworld | Kyrgyzstan. Moreinformation in Spanish here. Some countries that permit polygamy have restrictions, such as requiring the first wife to give her consent. The voluntary home abandonment by one spouse, provided that the spouse does not return within two years. Polygamy in South Africa. The spouses have a public policy obligation to provide the elements of child maintenance above. Islam is the only major religion whose sacred texts arguably endorse polygamy. Articles 52 to 56, 423 to 433 of the Bustamante Code. If the petition is from a jurisdiction that is not signatory to the Hague Child Abduction Convention the following are applicable: Articles 26, 55 (10), 56, 109, 111, 112 of the Constitution. As a result, polygamy has been relatively uncommon. In the main cities with a high population density, the family courts and children's courts are separate from ordinary civil trial courts. Note: These countries are included separately because they have specific legislation aimed only at Muslims. Given that Mormon polygamists migrated to the Rocky Mountains in 1847, partly to escape prosecution for polygamy in the eastern states, efforts to curb the practice focused intensely on Utah and the surrounding territories in the 1800s. A. PR 16-073 Opinion on Common-Law Marriage in Dominican Republic (death case) Date: January 27, 2016. Furthermore, several countries recognize polygamous marriages between Muslims, but not between practitioners of other religions. 2) Yes. The Civil Code recognises that married women should be entitled to 50% of the accumulated marital community that was created during the marriage or civil partnership (, In relation to the division of marital assets or cohabitation assets, the Dominican Republic is a "community property" jurisdiction (that is, each spouse or concubine (long-term unmarried partner) is entitled to an equal percentage or 50% of the community accumulated by the spouses during the marriage) (, The current position of the Dominican Republic Supreme Court is that marriage community begins on the day the marriage commences (. What If a married-man who is married in his home country comes to the D-R and marries a local girl, is that also considered polygamy under D-R law, even though he has only one wife in the D-R ?
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