The Succession Act gave rights in the matrimonial home to a surviving spouse.

Under the Family Home Protection Act, one spouse could not sell the matrimonial home which was in his or her ownership without the permission of the other spouse.

In cases of domestic violence, courts could and did exclude the abusive spouse from the matrimonial home irrespective of who owned it.

Ms. O'Rourke (Ireland) explained that in 1993 a bill on matrimonial property whose purpose was to propose that there should be joint ownership of the matrimonial home had been submitted to the Supreme Court, which had struck it down as unconstitutional.

That might lead people to suppose that women in Ireland did not have an automatic right to joint ownership of the matrimonial home.

I had jurisdiction to adjudicate criminal civil and matrimonial cases.

Accordingly, a matrimonial property contract would per se be included.

In cases of marital breakdown, courts could and did make orders in favour of the non owning spouse, granting him or her right of occupation of the matrimonial home to the exclusion of the other spouse.

This concerns the Hague Convention of 14 March 1978 on the Law Applicable to Matrimonial Property Regimes.

Ms. Patten, noting that the Matrimonial Home Bill had not been enacted in 1993 because of a Supreme Court ruling that it was incompatible with article 41 of the Constitution, sought clarification regarding the current law regulating the ownership, acquisition and disposal of property among spouses.

It is not clear, however, whether matrimonial property contracts under this Convention would be covered by the E Contracting Convention.

Pakistani law does not recognise any matrimonial relationship between the parties except what is provided by the religion i.e. marriage.

As can be seen, the legal capacity of each spouse is limited only by conjugal rights and duties and the choice of matrimonial regime.

The bill on matrimonial dispositions, successions and regimes has been pending approval by the Council of Ministers and the Parliament for more than five years.

Article 312 provides that each spouse has full legal capacity, but these rights and powers may be limited by the effects of the matrimonial regime .

However, the introduction of matrimonial regimes in the draft Civil Code amendments offers spouses the opportunity to choose the status under which they will administer their property.

Home Sweet Second Home

Ms. Gnacadja asked for further clarification on matrimonial property rights and on the possibility in the course of the marriage for the two spouses to revise the property arrangements.

When a marriage is dissolved, the monetary aspect will now be governed by the matrimonial regime selected by the spouses or, if there is none, by the legally imposed community regime.

Duties included determining the rights of children in matrimonial disputes and succession, implementing the provisions of the Kenya Children Act, and training judges and magistrates in the provisions of the Act.

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