The new Civil Code of Ukraine provides that an ex-husband can force his ex-wife to return her maiden name if her behaviour is deemed «unworthy». This concept includes immoral acts or infidelity. In addition, a man can refuse to pay alimony if the woman earns more.
Ex-husband can demand return of maiden name
According to the information OBOZREVATEL, The new Civil Code of Ukraine contains a provision that allows ex-husbands to demand that their ex-wives return their maiden names. This is possible if the man considers the woman's behaviour to be «unworthy». This term refers, in particular, to immoral behaviour or infidelity.
These changes have caused a significant outcry among human rights activists and experts, as previously the issue of changing the surname after divorce was resolved solely at the request of the woman herself. Now, a man can initiate this process in court if he believes that there are sufficient grounds for doing so.
What is meant by «inappropriate» behaviour
The concept of «unworthy» in the context of the new legislation includes immoral acts and adultery. These are the circumstances that may give rise to a claim for the return of a maiden name. However, the precise list of actions that fall under this definition remains rather vague, which may create room for abuse.
Human rights activists note that such a rule may discriminate against women, as the issue of morality is often subjective. At the same time, experts stress the need for clear criteria and transparent procedures to avoid biased interpretation of the law.
Refusal to pay child support
Another important change in the new Civil Code a man has the right to refuse to pay alimony if the woman has a higher income. This provision can significantly affect the financial support of children after a divorce, especially if the woman is the main breadwinner of the family.
Lawyers point out that the new rule may deprive some women of the financial support they could previously count on. At the same time, it may stimulate a review of traditional family roles and approaches to the distribution of responsibilities and income.
Why it matters
The introduction of such rules in the new Civil Code may significantly change the balance of rights and obligations between men and women after divorce. The new rules pose risks for women who may be subject to pressure from their ex-husbands, both in terms of surnames and financial support.
In addition, the lack of clear definitions of «unworthy» behaviour can lead to abuse and litigation, making it difficult to protect women's rights. Human rights activists are already calling for the legislation to be improved and for mechanisms to be put in place to protect against discrimination.
Amendments to the Civil Code are causing a wide debate in society and among experts. Their implementation could affect thousands of Ukrainian families and change the way the country approaches divorce.
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