Divorce is the legal dissolution of a marriage by a court order or other legal action. In many parts of the world, divorce is legal and relatively straightforward to obtain. However, some countries impose strict limits on divorce or forbid it entirely.
Countries that Prohibit Divorce
There are a handful of countries that currently prohibit divorce entirely. This means that couples cannot legally end their marriage within the country under any circumstances.
- Philippines (though Muslims are exempt)
- Vatican City
In the Philippines, divorce is outlawed for all citizens except for the Muslim minority. The only options for ending a marriage are legal separation and annulment. Vatican City is governed by Canon Law, which forbids divorce for all residents.
Countries with Severe Limits on Divorce
Some other countries allow divorce only under very limited circumstances. These include:
- Chile – 3 years of separation required
- Colombia – 2 years of separation required
- Ireland – Must prove separation of 4 out of previous 5 years
- Italy – 3 years of legal separation required
- Mexico – Express permission from a court required in some states
- Paraguay – 5 years of separation required
- Philippines – Annulment option requires extensive court procedures
- San Marino – 3 years of legal separation required
- Spain – 2 years of legal separation required
In these countries, couples must typically live apart for several years before they are permitted to file for divorce. They may also need to provide evidence of fault by one spouse, such as adultery, abandonment, or one spouse being mentally ill or imprisoned.
Countries with Religious or Social Stigma
Even when divorce is legally accessible, social attitudes and religious customs can pose barriers. Countries where divorce still carries heavy stigma or is discouraged include:
- Brazil – Highly bureaucratic and lengthy process
- Chile – Strong social stigma, especially in rural areas
- China – Discouraged, especially in rural areas
- Colombia – Strongly discouraged by Catholic Church
- Croatia – Socially frowned upon
- India – Discouraged in practice, daughter seen as burden after divorce
- Ireland – Heavily discouraged by Catholic Church
- Israel – Gett religious divorce required for Jews
- Italy – Heavily opposed and stigmatized in southern regions
- Japan – Women often stigmatized after divorce
- Mexico – Highly frowned upon in traditional rural communities
- Morocco – Considered shameful for woman
- Paraguay – Disapproved of by Catholic Church
- Philippines – Annulment stigma for women
- Poland – Discouraged by Catholic Church
- Serbia – Socially unacceptable in traditional communities
- Spain – Strongly opposed by Catholic Church
- Turkey – Socially frowned upon for women
Even when legally permitted, divorce can damage social status and reputation in these countries. There are often strong religious objections from predominant faiths.
Countries with Laws Favoring Men
Some countries have divorce laws that discriminate against women. A few examples include:
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Egypt – Men can divorce unilaterally, women must sue for divorce in court
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Iran – Men can divorce unilaterally, women must apply to court
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Jordan – Husband can end marriage unilaterally, wife needs justification
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Morocco – Men have right to divorce unilaterally, women must go to court
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Yemen – Husband can divorce wife simply by stating “I divorce you” three times
These laws make it much more difficult for a woman to obtain a divorce than a man. Women may have to prove fault, compensate the husband financially, or navigate complex legal proceedings.
Trends and Changes
Globally, there has been a strong trend towards relaxing restrictions on divorce over the past 50 years. Some of the major changes include:
- 1970s – Many European countries introduced “no-fault” divorce laws
- 1981 – Spain legalized divorce after banning it for over 30 years
- 1995 – Ireland voted to legalize divorce in a referendum
- 2005 – Chile legalized divorce after banning it for over 100 years
- 2010 – Brazil legalized divorce, requiring only 1 year of separation
- 2015 – Philippines legalized divorce for the Muslim minority
- 2015 – Italy introduced fast-track divorce after 3 years’ separation
There has also been progress in improving divorce laws that favor husbands over wives in many Middle Eastern and North African countries. However, barriers and stigma persist in some traditional societies.
Reasons for Restricting Divorce
Countries have restricted divorce rights for various cultural, religious and political reasons. Some of the common motives behind anti-divorce laws include:
- Preserving religious sanctity of marriage – Especially in Catholic and Muslim countries
- Promoting family stability – Keeping two-parent families intact for children
- Upholding tradition – Long-held cultural values opposing divorce
- Maintaining patriarchal norms – Husband seen as head of household
- Discouraging female independence – Preventing women from leaving marriages
Historically, anti-divorce legislation sought to enforce traditional gender roles and subordinate women’s autonomy to men’s authority over the family.
Impact of Divorce Restrictions
Stringent limits on divorce have several harmful consequences, including:
- Trap abused partners in dangerous marriages
- Promote illegal or unsafe “back-street” divorces
- Lead to marital alienation and higher rates of adultery, abandonment, etc
- Encourage long-term separation without formal divorce
- Disproportionately impact women financially and socially
- Prevent people from leaving incompatible partners
- Infringe on human rights and personal freedom
Research indicates that restrictive divorce laws have little positive impact on marriage duration or couples’ decision to marry. Overall, enforced marriages tend to become unhappy and high-conflict.
Conclusion
While a small number of countries still prohibit divorce entirely, global trends show liberalization of divorce laws over recent decades. However, in some traditional societies, cultural and religious stigmas can persist even when divorce is legally accessible. Removing outdated legal barriers and social attitudes can help promote both freedom and family well-being.