Family Law in Bhutan
Family law in Bhutan is primarily governed by the Marriage Act of Bhutan, 1980, along with subsequent amendments, and other customary and religious laws. It regulates marriage, divorce, child custody, inheritance, and related family matters.
Key Aspects of Family Law in Bhutan:
1. Marriage Regulations
The legal age for marriage is 18 years.
Marriage between close blood relatives (up to three generations) is prohibited.
Polygamy is allowed but only under special circumstances, such as when the first spouse cannot bear children.
Registration of marriage is required for legal recognition.
2. Divorce and Separation
Bhutan allows divorce, but it follows specific legal grounds, including adultery, cruelty, and abandonment.
Either spouse can initiate a divorce.
Alimony and child support are determined based on the financial situation of both parties.
3. Child Custody and Parental Rights
Custody decisions prioritize the welfare of the child.
In most cases, younger children stay with the mother unless there are valid reasons otherwise.
Both parents are responsible for the child's education and well-being.
4. Inheritance Laws
Traditionally, daughters inherit property, but sons are also entitled under modern legal provisions.
In cases of intestate succession (without a will), inheritance is distributed among children and surviving spouses.
5. Domestic Violence and Protection of Rights
Domestic violence is considered a serious offense.
The Domestic Violence Prevention Act of 2013 provides legal protection for victims, including women and children.
6. Adoption Laws
Adoption is legal in Bhutan but must follow strict regulations to ensure the child's well-being.
The process must be approved by the court.
Bhutan's family law integrates elements of Buddhist principles, customary laws, and modern legal standards to ensure justice and family harmony. Would you like more details on any specific aspect?
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