divorce laws in tunisia?

Answer 1

If you are a non Tunisian married to a Tunisian, the conflict of laws and jurisdictions rules: it is the Tunisian Code of Private International Law - CPIL - promulgated by the statute n°98-97 dated on November 27th 1998.


* The applicable law:

According to article 49 of this Code if divorce concerns Spouses having different nationalities, the applicable law is the law of the last common domicile. If you live outside Tunisia, this means that you need to talk to divorce lawyers in the country you are living. If you reside in Tunisia the following pertains to you:

* The competent court:

Tunisian courts are competent to deal with your issue by reference to art 3 of the CPIL since they are competent in all commercial and civil litigations whenever the defendant is residing in Tunisia .

* Civil action for divorce:

The scope of the action covers the decision of divorce and its legal consequences or effects:

I- The divorce itself:
Under Tunisian legal system, the Code of Personnel Statute – CSP – entered into force by the Decree of August 13th 1956, organizes family law. Pursuant to its article 31, there are three kinds of divorce:

1- Divorce due to mutual consent:

The couple reaches the decision of the impossibility to continue living together. Both parties agree each other about the consequences of the divorce (custody, alimony, housing and damages if possible). They, have to sign a minute showing this agreement before the judge. This category is the less troublesome for all parties (father, mother and children).

2- Divorce for prejudice:

Every party who bears any damage material or moral caused by the other party can seek for this divorce if he proves the damage by any means (Medical certificate, witness, judiciary decision). The judge has a discretionary power to assess the damage.

3- Capricious divorce:

This case deals with the right given to any party to ask the court for divorce without giving any reason. It is also called abusive divorce.


II- Legal consequences of the divorce

1 – Alimony:

According to article 38 CSP, alimony is a duty of the husband till the end of the wife’s “Idda” (Idda is an Islamic rule which means a period of 3 months and 10 days after the court decision of the divorce becomes definitive).

It is for the judge to decide the amount of the alimony according to many criterions such as the length of the marriage, the age of the wife and her needs, the incomes of the husband…

However, a wife has a right to ask for alimony only if the husband has agreed to pay it for her in the case of a mutual consent divorce, or if the judge decided divorce for prejudice occurred to the wife or if the husband seeks for capricious divorce.

As for the alimony of the children it is an absolute duty of the farther no matter the kind of the divorce and notwithstanding whether the custody is granted to the mother or not (articles 46 and 56 CSP).

The monthly amount of the children’s support is assessed by the judge and granted till the age of 20 (and the age of 25 for a student) if the child is male and if the child is female she is entitled to alimony till she marries or she gets incomes.


2 - Housing:

It is discretionary decided by the judge. If you are granted the custody of the children it is a duty of the husband to provide for you a residence or the housing fees no matter the category of divorce as well as if the divorce is by mutual consent or if it is due to damage occurred to you. Otherwise, you will lose this right (article 56 CSP).

3- Damages (moral and material):

You will be allowed to damages only if the husband agrees to pay them or if it is the husband who has asked the court for a capricious divorce or if you prove a prejudice.

It is for the discretionary power of the judge to determine the amount necessary to compensate the damage either moral or material. For the moral damage the wife is entitled to a fixed sum of money however for the material damage she has to chose between a monthly life annuity (rente viagère) and a fixed sum of money (capital).

4 – The custody:

Pursuant to article 54 CSP the judge decides to whom the custody may be granted relying on the material and moral interests of the child (according to a report made by a psycho-sociologist). In addition, if one party is granted the custody the other party is entitled to the right to visit. (It does not matter the category of divorce).

If the mother is granted custody, she should not be married and if it is the father, he should have a woman to take care of the child (It should not be possible for the husband to marry with her: his mother, sister, grand mother, aunt…).

Article 59 CSP provides that the wife will not be entitled custody if she is not of the same religion of her husband. However, an exception to this rule provides that if the child is under 5 years old and that the judge is convinced that there is no real threat that the wife will change the religion of the child a mother of different religion can be entitled to custody.

As for moving back to your home country , if you are granted the right of custody you are precluded from taking them to live with you in your mother country since you will prevent the father/mother from his/her right to visit regularly the children. If you don’t respect this duty, you will lose custody and you will be subject to criminal prosecutions.

Under Tunisian family law most of the consequences of the divorce are subject to the discretionary case-by-case assessment of the judge.

Answer 2

Is there a divorce law in Tunisia?

Answer 3

Yes, they have divorce laws in Tunisia.

Answer 4

The laws only apply to married persons.

Answer 5

dont know anything to tell you i dont like the country so I'm at a lost how you come off in divorce

Answer 6

Sounds like another stupid naive British girl has been used and abused again , when will you ever learn about these slime balls!

Answer 7

what about them? why ask half a bloody question, fool.

Answer 8

dont know dont care

Answer 9

so bad

Answer 10

mad