CEDAW/C/GC/29 that were an element of marriage formation, and do not impose equal economic requirements on a divorcing husband. States parties should eliminate any procedural requirement for payments to obtain a divorce that does not apply equally to husbands and wives. 42. States parties should provide for separating the principles and procedure dissolving the marriage relationship from those relating to the economic aspects of the dissolution. Free legal aid should be provided to women who do not have the means to pay for court costs and attorney fees, so as to ensure that no woman is forced to forgo her economic rights to obtain a divorce. Dissolution of marriage by separation and divorce 43. Most laws, customs and practices relating to the financial consequences of marriage dissolution can be broadly classified into two categories: distribution of property and maintenance after divorce or separation. Property distribution and post-dissolution maintenance regimes often favour husbands regardless of whether laws appear neutral, owing to gendered assumptions relating to the classification of marital property subject to division, insufficient recognition of non-financial contributions, women’s lack of legal capacity to manage property and gendered family roles. In addition, laws, customs and practices relating to the post-dissolution use of the family home and chattels clearly have an impact on women’s post-dissolution economic status. 44. Women may be barred from claiming property rights for lack of recognized capacity to own or manage property, or the property regime may not recognize property accumulated during the marriage as subject to division between the parties. Interrupted education and employment histories and childcare responsibilities frequently prevent women from establishing a path to paid employment (opportunity cost) sufficient to support their post-dissolution family. These social and economic factors also prevent women living under a regime of separate property from increasing their individual property during marriage. 45. The guiding principle should be that the economic advantages and disadvantages related to the relationship and its dissolution should be borne equally by both parties. The division of roles and functions during the spouses’ life together should not result in detrimental economic consequences for either party. 46. States parties are obligated to provide, upon divorce and/or separation, for equality between the parties in the division of all property accumulated during the marriage. States parties should recognize the value of indirect, including non-financial, contributions with regard to the acquisition of property acquired during the marriage. 47. States parties should provide for equal formal and de facto legal capacity to own and manage property. To achieve both formal and substantive equality with respect to property rights upon the dissolution of marriage, States parties are strongly encouraged to provide for: • Recognition of use rights in property related to livelihood or compensation in order to provide for replacement of property-related livelihood. • Adequate housing to replace the use of the family home. • Equality within the property regimes available to couples (community property, separate property, hybrid), the right to choose property regime, and an understanding of the consequences of each regime. • Inclusion of the present-value computation of deferred compensation, pension or other post-dissolution payments resulting from contributions made during the 8