Family Laws and the Rights of Divorced Women: Legal Protection and Promotion of Social Justice” Family laws are one of the fundamental pillars that regulate relationships between family members and define the rights and duties of each party in this relationship. For divorced women, their rights have become a matter of concern and legislation in many countries, as modern laws aim to provide legal protection that guarantees them a decent life after divorce. The laws related to the rights of divorced women aim to achieve social justice and gender equality, and provide legal and social support for them in a stage that may be full of challenges. In this article, we will review the importance of these laws and how they affect the lives of divorced women, and what rights they enjoy under modern legislation.
The right to alimony is one of the most prominent rights of divorced women, whether it is alimony for the divorced women or for their children after divorce. Legal texts guarantee the woman’s right to receive a decent living allowance after divorce, and alimony includes basic expenses such as food, drink, housing, and health care. In the event of children, their rights are also guaranteed by specifying the alimony that the father is obligated to provide for their needs. This right is one of the rights that aim to reduce the negative psychological and social effects that may result from divorce.
Right to custody: Family laws in many countries seek to ensure that divorced women have the right to obtain custody of children after divorce. If the children are under a certain age, custody is usually granted to the mother, while some laws set certain conditions to ensure the best interests of the children with regard to the parent who will remain responsible for their upbringing and care. This right aims to ensure the emotional stability of children after divorce, and to prevent the disintegration of the family and its negative impact on the psychological and social development of children.
The right to inheritance: One of the basic rights protected by law for divorced women is the right to inheritance, as the divorced woman has the right to obtain her share of the estate after the death of the husband. This right is regulated in many legislations as part of the financial rights that preserve the status of the divorced woman and ensure the continuity of her care after the divorce, especially in the event that she loses her source of income. Some laws also guarantee the right to obtain a portion of the joint property that was collected during the marriage.
Financial compensation right: In some modern laws, additional financial rights are determined for divorced women, especially if the divorce occurred due to unlawful actions by the other party, such as betrayal or neglect. These compensations aim to protect women from psychological and financial damages that may arise as a result of these situations, and they help provide a more stable life for the divorced woman after the divorce. This right may include financial compensation for the period of marriage that the divorced woman spent or for the damages she suffered as a result of the divorce.
Right to housing: Housing is one of the important rights that may be affected after divorce, as the divorced woman may find herself without shelter or suitable housing. Therefore, modern laws pay special attention to the right of the divorced woman to housing, especially if she has children. In some countries, the right of the divorced woman to housing includes finding suitable housing for her and her children after divorce, or in the event that this is not available, the state or the concerned authorities are obligated to provide assistance in obtaining suitable housing.
The right to work in some countries: Laws guarantee divorced women the right to work and enjoy all rights related to work, such as the right to decent jobs and healthy working conditions, as well as the right to vocational training and employment after divorce. These rights aim to enhance the divorced woman’s economic independence and enable her to build her career after divorce. Laws may also include guaranteeing social rights, such as social insurance and health care.
The right to make legal decisions: One of the important rights of divorced women is the right to make legal decisions related to their lives after divorce, such as decisions related to custody, education, and health care for children. Modern laws ensure that women remain an active part in making these important decisions, which enhances their independence and gives them the legal capacity to play a pivotal role in raising their children.
Protecting women from family violence: Many modern laws seek to protect divorced women from family violence after divorce. If there is a case of violence or threat from the ex-husband, the laws ensure that the necessary measures are taken to protect the woman. This includes providing legal protection orders, and guarantees that the woman will not be subjected to any physical or psychological assaults by the ex-husband. In addition, some laws ensure the provision of psychological and social support to divorced women who have been subjected to domestic violence.
Conclusion: Family laws and the rights of divorced women represent a fundamental pillar in achieving social justice and gender equality. Through these legislations, women’s rights after divorce are guaranteed in various areas including alimony, custody, inheritance, work, and protection from violence. These rights contribute to providing a decent life for divorced women and protect them from the negative effects that may result from divorce, which enhances the stability of the family and society in general.