RESUMO
PIP: This document contains major provisions of the 1989 Maintenance Act of Saint Vincent and the Grenadines. This Act sets forth the duties and responsibilities of family members to provide each other with financial maintenance. Every married man, married woman with separate property, and single woman must provide for spouses (if applicable) and children under the age of 16 and parents and children over the age of 16 if they are unable to provide for themselves. If a man marries a woman with children, he must provide for them until the age of 16. The Maintenance Act sets forth the grounds and procedure for applying to a court for financial provision. The powers of the court to make orders for financial provision are laid out, and the term of duration of such orders is set under various circumstances. Conditions governing court orders regarding the custody of children are also provided.^ieng
Assuntos
Cuidado da Criança , Custódia da Criança , Economia , Política de Planejamento Familiar , Legislação como Assunto , América , Comportamento , Região do Caribe , Educação Infantil , Países em Desenvolvimento , América do Norte , Política Pública , São Vicente e GranadinasRESUMO
PIP: This document contains a summary of major portions of Jamaica's Matrimonial Causes Act of 1989 which replaced the Divorce Act of 1879. The 1989 Act allows divorce after two years of marriage on the sole ground of irretrievable breakdown of marriage, evidenced by the continuous separation of the parties for the year previous to the petition. This separation does not guaranteed that a divorce will be granted; a judge may believe that the marriage can be saved and may refer the parties to a marriage counselor. Separation can be effected by only one party, and the separated couple may continue to reside in the same household. In addition to clarifying the law regarding annulments, the new Act introduced new remedies for cases of domestic violence, including court-ordered injunctions. Dissolution of marriage can take place upon presumption of death after the partner has been presumed dead for seven years. The Act contains sections which lay out the grounds for the jurisdiction of the court and the recognition of foreign decrees as well as sections which change the law relating to domicile. The Act also contains child and spousal support provisions which are effective during a marriage and upon the dissolution or nullity of a marriage.^ieng
Assuntos
Cuidado da Criança , Divórcio , Violência Doméstica , Economia , Legislação como Assunto , Casamento , Direitos da Mulher , América , Comportamento , Região do Caribe , Educação Infantil , Crime , Países em Desenvolvimento , Jamaica , América do Norte , Problemas Sociais , Fatores SocioeconômicosRESUMO
PIP: This document contains major provisions of the 1989 Matrimonial Causes Act of Saint Vincent and the Grenadines. These provisions cover 1) divorce, nullity, separation petitions, and presumed death of a spouse; 2) spousal and child support arrangements; 3) child custody; and 4) permitted court actions in cases of polygamy.^ieng
Assuntos
Cuidado da Criança , Divórcio , Economia , Legislação como Assunto , América , Comportamento , Região do Caribe , Educação Infantil , Países em Desenvolvimento , Casamento , América do Norte , São Vicente e GranadinasRESUMO
PIP: In 1989, Chile passed an Act which amended its Civil Code to change the legal status of married women. The amendments repealed the following provisions: 1) that a nondivorced married woman must keep her husband's domicile, 2) that a woman with parental authority cannot remarry unless a court appoints a guardian for the child, 3) that marital authority gives a husband legal rights over a wife's person and property, 4) that a wife need her husband's permission to enter into financial transactions or act as a guardian, 5) that a wife needs a court order or her husband's authorization to administer gifts or inheritances she received under condition that her husband not have administrative power over them, 6) that a wife's adultery results in loss of all control and profit from communal property, 7) that a wife needs her husband's permission to administer an estate or the approval of a judge to continue to administer her late husband's estate if she remarried, 8) that a married woman has diminished legal capacity, and 9) that a husband is responsible for the conduct of his wife. In addition, the Act replaced language stating that a wife owes her husband obedience and a husband owes a wife protection with language stating that each spouse owes each other respect and protection. Wives are given the unrestricted right to work, the right (shared with husbands) to discipline and educate children, the right (shared with husbands) to support after divorce regardless of fault, the right to parental authority, and the right to manage their children's property. Wives no longer have to live wherever their husbands choose. In cases of divorce, a judge will order irrevocable separation of community property and give physical custody of all minor children (boys and girls) to the wife. The position of surviving spouses in regard to inheritance is improved. Real estate brought to a marriage by a wife or received by either spouse as a gift or inheritance is no longer considered community property. Husbands retain the status of head of the marital community and, in most cases, administer community property and the property of their wives and exercise parental authority over children.^ieng
Assuntos
Criança , Divórcio , Economia , Legislação como Assunto , Casamento , Pais , Direitos da Mulher , Adolescente , Fatores Etários , América , Chile , Demografia , Países em Desenvolvimento , Características da Família , Relações Familiares , América Latina , População , Características da População , Fatores Socioeconômicos , América do SulRESUMO
PIP: This document contains major sections of the 1984 Family Code of Honduras. Title 1 includes general provisions. Title 2 covers the functioning of the family, with Chapter 1 regulating civil marriage, Chapter 2 the capacity to contract marriage (with marriage ages of 18 for men and 16 for women with authorization), Chapter 4 marital rights and obligations, Chapter 5 de facto union, Chapter 6 the economic regime of marriage, and Chapter 7 family patrimony. Title 3 deals with paternity and filiation, with Chapter 1 devoted to paternity, Chapter 3 the investigation and presumption of paternity, and Chapter 5 contesting paternity. The general provisions which apply to adoption are the topic of Chapter 1 of Title 4. The other chapters reprinted from this Title are Chapter 2 on simple adoption, Chapter 3 on full adoption, and Chapter 5 on the conversion of a simple adoption into a full adoption. Title 5 legislates parental authority; Chapter 1 deals with general provisions and Chapter 2 with extinction, suspension, and loss of parental authority. Title 6 defines and protects support of a beneficiary. Title 7 covers the dissolution of marriage (Chapter 1); the nullity of marriage (Chapter 2); separation and divorce (Chapter 3); the effects of annulment, separation, and divorce (Chapter 4); and second and later marriages (Chapter 5).^ieng
Assuntos
Adoção , Cuidado da Criança , Criança , Divórcio , Economia , Política de Planejamento Familiar , Família , Legislação como Assunto , Casamento , Política Pública , Adolescente , Fatores Etários , América , Comportamento , América Central , Educação Infantil , Demografia , Países em Desenvolvimento , Características da Família , Relações Familiares , Honduras , América Latina , América do Norte , População , Características da PopulaçãoRESUMO
This Decree authorizes separations in civil marriages in Colombia to be effected before a notary in cases of mutual consent. In such cases, the public instrument is to make provision for children and spousal support. An agreement of the spouses regarding their reciprocal obligations and their common children can be modified by common agreement before a notary or revised through judicial proceedings in accordance with the law.
Assuntos
Cuidado da Criança , Custódia da Criança , Divórcio , Economia , Legislação como Assunto , América , Comportamento , Educação Infantil , Colômbia , Países em Desenvolvimento , América Latina , Casamento , América do SulRESUMO
PIP: This document contains major provisions of the 1988 Act of Nicaragua which authorizes the dissolution of marriage at the wish of one of the parties. This process begins when one party files a petition which declares the intention to divorce without giving a reason and sets out plans for custody of dependents, payment of support, and division of community property. The other spouse then has an opportunity to respond to the plans contained in the petition (but not the intention to divorce). Then the court will present a judgement about these matters which will include the reasons on which the judgement was based.^ieng
Assuntos
Cuidado da Criança , Custódia da Criança , Divórcio , Economia , Legislação como Assunto , América , Comportamento , América Central , Educação Infantil , Países em Desenvolvimento , América Latina , Casamento , Nicarágua , América do NorteRESUMO
This Act authorizes the High Court or the Magistrate's Court of Trinidad and Tobago to make an attachment of earnings under a maintenance order. Such an order can be made without the consent of the person obligated to pay maintenance (debtor) only if the debtor has failed to make one or more payments, and it appears that the failure is due to the debtor's wilful refusal or culpable neglect. The order is to be made with respect to the debtor's employer and the employer must comply within 14 days of service. The employer and debtor are also obligated to notify the court of changes in employment or earnings, and the court is authorized to obtain a statement of earnings. Further provisions of the Act deal with costs, variations in orders, application of money received, and offenses, among other things.
Assuntos
Cuidado da Criança , Economia , Emprego , Renda , Legislação como Assunto , América , Comportamento , Região do Caribe , Educação Infantil , Países em Desenvolvimento , América do Norte , Fatores Socioeconômicos , Trinidad e TobagoRESUMO
This Decree, which came into force on 26 March 1984, makes the following changes in the Civil Code of the Federal District of Mexico: 1) nonmarital life partners have a right to inherit from one another if they have lived together for five years or have common children; 2) such life partners are responsible for the support of each other; 3) marriage may be dissolved on a no fault basis after two years' marriage; 4) the custody of children upon divorce is to be determined on the basis of what is best for the child, without consideration of which spouse is at fault; 5) upon divorce, the wife has the right to support for a period equal to the length of the marriage if her own income is insufficient to support herself and she has not entered into any marital or similar relationship; and 6) upon divorce, the husband has the same right if he is unable to work and his own income is not sufficient to support himself.
Assuntos
Custódia da Criança , Divórcio , Economia , Legislação como Assunto , Casamento , Testamentos , América , Comportamento , Educação Infantil , Países em Desenvolvimento , América Latina , México , América do Norte , Propriedade , Fatores SocioeconômicosRESUMO
PIP: This document contains major provisions of Paraguay's 1985 Civil Code. The Code sets the marriage age at 16 for males and 14 for females and forbids marriage between natural and adopted relatives as well as between persons of the same sex. Bigamy is forbidden, as is marriage between a person and someone convicted of attempting or committing homicide against that person's spouse. Legal incompetents may not marry. Underage minors may marry with the permission of their parents or a court. Noted among the rights and duties of a married couple is the stipulation that husbands (or a judge) must give their approval before wives can legally run a business or work outside of the house or perform other specified activities. Valid marriages are dissolved only upon the death of one spouse. Remarriage in Paraguay after divorce abroad is forbidden. Spouses may legally separate after 2 years of married life (married minors must remain together until 2 years past the age of majority). Marital separation may be requested for adultery, attempted homicide by one spouse upon the other, dishonest or immoral conduct, extreme cruelty or abuse, voluntary or malicious abandonment, or the state of habitual intoxication or repeated use of drugs. Marriages can be annulled in specified cases. Marital property is subject to the community property regime, but each spouse may retain control of specified types of personal property. The Code appoints the husband as manager of community property within limits and reserves certain property to the wife. The Code permits premarital agreements about property management, and covers the dissolution and liquidation of the community property regime. The Code also sets provisions governing "de facto" unions; filiation for children born in and outside of wedlock; claims for parental recognition; kinship; and the duty to provide maintenance to spouses, children, and other relatives.^ieng