The Constitutional Court ruled annulling resolutions that banned mutual consent divorces in certain circumstances. Mutual consent divorces are fast-tracked.
The Constitutional Court accepted a direct action of unconstitutionality filed against Article 27 of Divorce Law 1306-BIS. The article prohibits the separation for the cause of mutual consent before two years of marriage, and after 30 years of marriage. Also when the husband is over 60 years of age and the wife is 50 years of age or more.
The Court established that this legal provision violates the right to equality established in Article 39 of the Constitution, which rules that no person may be discriminated against for reasons of age.
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El Caribe
3 November 2021