CEDAW/C/GC/29
public order, prevent the abuse of unequal bargaining power and protect each spouse from
abuse of power in making such contracts. These protective measures may include requiring
that such agreements be written or subject to other formal requirements and providing for
retroactive invalidation or for financial or other remedies if the contract is found to be
abusive.
VI.
Economic aspects during the relationship
36.
A number of States parties retain discriminatory systems of property management
during the marriage. Some retain laws stating that the man is the head of the household,
thus giving him the role of sole economic agent as well.
37.
Where a community property regime is the norm, nominally providing that half of
the marital property is theirs, women still may not have the right to manage the property. In
many legal systems, women may retain the right to manage property that they own
individually and may accumulate and manage additional separate property during the
marriage. However, property accumulated by virtue of women’s economic activity may be
considered as belonging to the marital household, and women may not have a recognized
right to manage it. This may be the case even with regard to women’s own wages.
38.
States parties should provide for equal access by both spouses to the marital property
and equal legal capacity to manage it. They should ensure that the right of women to own,
acquire, manage, administer and enjoy separate or non-marital property is equal to that of
men.
VII.
Economic and financial consequences upon dissolution of
relationships
Grounds for divorce and financial consequences
39.
Some legal systems make a direct link between grounds for divorce and the financial
consequences of divorce. Fault-based divorce regimes may condition financial rights on the
lack of fault. They may be abused by husbands to eliminate any financial obligation
towards their wives. In many legal systems, no financial support is awarded to wives
against whom a fault-based divorce has been pronounced. Fault-based divorce regimes may
include different standards of fault for wives and husbands, such as requiring proof of
greater infidelity by a husband than by a wife as a basis for divorce. Fault-based economic
frameworks frequently work to the detriment of the wife, who is usually the financially
dependent spouse.
40.
States parties should:
• Revise provisions linking grounds for divorce and financial consequences in order to
eliminate opportunities for husbands to abuse these provisions and thereby to avoid
any financial obligations towards their wives.
• Revise provisions relating to fault-based divorce in order to provide compensation
for the contributions made by the wife to the family’s economic well-being during
the marriage.
• Eliminate differences in the standards of fault for wives and for husbands, such as
requiring proof of greater infidelity by a husband than by a wife as a basis for
divorce.
41.
Some legal regimes require the wife or her family to return to the husband or his
family any economic benefits in the form of payment or preferment, or other such payments
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