CEDAW/C/GC/29
Registered partnerships
29.
States parties that provide for registered partnerships must ensure equal rights,
responsibilities and treatment between the partners in economic matters addressed by the
legislation on those partnerships. The recommendations contained below apply mutatis
mutandis in States parties that recognize registered partnerships in their legal order.
De facto unions
30.
Women enter de facto unions for a variety of reasons. Some States provide a legal
framework for recognizing de facto unions at some point, such as upon the death of a
partner or the dissolution of the relationship. Where such legal frameworks do not exist,
women may be exposed to economic risks when a cohabiting relationship ends, including
when they have contributed to maintaining a household and to building other assets.
31.
The Committee determined in its general recommendation No. 21 that the
elimination of discrimination against women in de facto unions is included in State party
obligations under article 16 (1). In States parties where such unions exist, and with regard
to relationships in which neither partner is married to another person or is in a registered
partnership with another person, the Committee recommends that the State party consider
the situation of women in these unions, and of the children resulting from them, and take
the necessary measures to ensure the protection of their economic rights. In countries where
de facto unions are recognized by law, the recommendations contained below apply mutatis
mutandis.
V.
Economic aspects of family formation
32.
States parties should provide to individuals entering into marriage information on
the economic consequences of the marital relationship and of its potential dissolution by
divorce or death. Where the States parties provide for registered partnerships, the same
information should be provided to them.
Payment or preferment as a requirement of marriage
33.
In general recommendation No. 21, paragraph 16, the Committee notes that some
State parties “allow marriage to be arranged for payment or preferment”, which is a
violation of a woman’s right to freely choose her spouse. “Payment or preferment” refers to
transactions in which cash, goods or livestock are given to the bride or her family by the
groom or his family, or when a similar payment is made by the bride or her family to the
groom or his family. This practice should not be in any way required in order for a marriage
to be valid, and such agreements should not be recognized by the State party as enforceable.
Contracts: prenuptial and postnuptial agreements
34.
In some systems, marriages or other recognized forms of union may be undertaken
only by written contract. Some systems allow the option of contractual agreements
concerning property to be undertaken prior to or during the marriage. States must ascertain
that women are not left with less protection than they would have under the standard or
default marriage provisions, owing to grave inequality in bargaining power.
35.
When States parties provide for the possibility of making private contractual
arrangements with respect to the distribution of marital and other property following the
dissolution of marriage, they should take measures to guarantee non-discrimination, respect
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