Women Gain Equal Right
To Remarry After Divorce
The Sala Constitucional
(Constitutional Court)
struck down, as
unconstitutional, the
law that forced women to
wait 300 days before
being able to remarry
after a divorce or
submit herself to a
pregnancy test.
The decision came after
a complaint filed by
Kathia Umaña Araya, a
lawyer who challenged
the provisions of
Article 16, paragraph 2
of the Codígo de Familia
(Family Code).
As of February 14, women
will have the same right
as men to remarry
following the signing of
a divorce decree and
will not have to wait
out the obligatory
waiting period.
The decision gives women
equality.
"It was a situation that
was limiting women,
especially in the case
where the remarriage was
to a foreigner, as women
were being prejudiced
with delays when
applying for a visa",
said Kathia.
The court decision
places Costa Rica as the
first country in Latin
America to remove the
legal barrier for women
to remarry without
restrictions after a
divorce is final.
In its ruling, the
Constitutional Court
said the waiting period
no longer was necessary
as the Código allows the
resolution of paternity
conflicts by other
means, like DNA testing.
The 300 day waiting
period was
discriminatory as it did
not differentiate the
age of the woman,
meaning a 70 year old
woman would have to wait
out the 300 days to
ensure that she was not
pregnant when
remarrying.
Critics of the waiting
period said that the law
was only there to
protect a "man's honour"
despite advances in
women's rights and
equality.
The decision handed down
yesterday was the fifth
time that such an action
had been presented
before the Court.
In addition, the
decision by the
Constitutional Court was
alos historic in that
for the first time the
decision handed down was
oral, that is that the
presentation to the
magistrates was made
verbally in a public
hearing and the decision
handed down within 30
minutes of the
presentation of the
arguments.
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