Family Law needs to be amended!

Between 2006 and 2009, the divorce price in Mongolia rose dramatically. Particularly, within the 2000s, there have been greater than 800 divorces, however it elevated to 1,448, 1,757, 1,901 and as much as 2,399 within the following years. Officers and household researchers clarify that this enhance is expounded to election guarantees and welfare insurance policies.

As an illustration, in reference to the choice to offer 500,000 MNT to newlywed {couples}, many individuals registered their marriages. Household specialists concluded that this brought on the divorce price to rise. On the time, individuals criticized the excessive divorce price and its damaging impression on social improvement. Although this problem died out not lengthy after, right this moment’s indicator exhibits that it’s essential to pay extra consideration to this problem.

Extra particularly, in 2006, 4 Mongolian households used to divorce per day on common however now, a mean of 11 to 12 households are divorcing. A complete of 4,003 {couples} divorced in 2016, 3,945 in 2017, 4,201 in 2018 and 4,262 in 2019. This decreased to three,316 in 2020 however barely rebounded to three,391 in 2021. Officers say that the decline within the divorce price was immediately associated to the COVID-19 pandemic state of affairs. It may be concluded that in our nation, on common, greater than 4,000 {couples} get divorced yearly. Nonetheless, that is solely the variety of legally and formally divorced households.

There are various {couples} who don’t register their marriage and separate after residing collectively. If these indicators are mixed, the variety of divorced households can be a lot larger.

Some argue that divorce is prone to enhance on account of inhabitants progress. After all, it impacts to some extent. Nonetheless, the principle drawback is that it’s comparatively excessive in comparison with the overall inhabitants and household measurement of the nation, even in contrast to some nations with extra residents. In different phrases, the steadiness of household has been misplaced in our nation. Researchers attribute this to a quantity of things, together with monetary issues, an absence of accountability, migration, alcoholism, jealousy, unhealthy habits, extramarital affairs, violence, and the involvement of family in {couples}’ affairs.

There isn’t a denying it – there are a lot of causes for divorce. Nonetheless, kids want their mother and father and the very best surroundings for them to develop up is in a cheerful dwelling with each mother and father who love and look after them. Researchers say that the important thing to that is household planning. Household planning is outlined as “the power of people and {couples} to anticipate and attain their desired variety of kids and the spacing and timing of their births”. Specialists say that it could actually definitely cut back the chance of divorce to some extent.

It’s time for the nation to give attention to household planning and household schooling. Offering household planning schooling to residents from an early age might be simpler, specialists say. It will be important to unfold this information to kids and younger individuals, particularly at a time when many younger persons are getting married. Moreover, there is a necessity to enhance the authorized surroundings. The present Household Regulation in Mongolia is outdated, fails to completely replicate the roles and obligations of relations, and is incapable of regulating relationships between single cohabitants. In some nations, spousal assist is offered for single {couples}. Australia, for example, operates a nationwide de facto scheme, giving single {couples} a lot of the identical rights as married {couples}.

Sadly, many points and household disputes come up on account of the truth that the regulation doesn’t replicate the roles and obligations of cohabiting {couples} in Mongolia. Head of the Division of Household and Psychology of Worldwide College of Ulaanbaatar, Physician and Affiliate Professor B.Oyun-Erdene clarified, “Beneath the Household Regulation, mother and father (married and single {couples}) have to be liable to one another and to their kids. Nonetheless, the regulation doesn’t specify what actions ought to be taken if a mother or father fails to satisfy his or her parental obligations. In consequence, it is unclear who ought to be held accountable. Even when a pair divorces, their kids ought to not be disadvantaged of the love and a focus of their mother and father. The lifelong roles and obligations of mother and father must be legalized.”

It is a large authorized loophole. The problem of amending the Household Regulation to fulfill the present wants and replicate the specifics of the Mongolian household has been mentioned for a number of years, however the regulation laws haven’t improved. In 2019, in specific, the Ministry of Labor and Social Safety was chargeable for drafting the regulation and related standing committees supported it, however it was withdrawn by the Ministry of Justice and Inner Affairs. In consequence, the problem remained unresolved till now. At the moment, there are reviews that the Ministry of Justice and Inner Affairs is engaged on this invoice, however it’s unclear whether or not will probably be mentioned and when will probably be accredited.

In reference to this, feminine parliamentarians submitted a draft modification to the Household Regulation final week. The invoice supplies for the direct withdrawal of kid upkeep from mother and father’ financial institution accounts. It additionally stipulates that the quantity of kid assist have to be equal to at the least 50 p.c of the month-to-month earnings of the mother or father who should pay youngster upkeep and {that a} penalty of 0.5 p.c have to be imposed if it isn’t paid on time. Principally, it’s proposed to alter the provisions of the Household Regulation associated to youngster upkeep.

Household researcher B.Lkhagvatseren commented, “Little one assist ought to be calculated very rigorously. It’s decided by taking into account the present financial state of affairs, wages and employment standing. As of right this moment, the month-to-month youngster upkeep is 115,000 MNT, which isn’t sufficient. The social and financial state of affairs and the costs of products and merchandise have modified drastically from 2010 to 2015. Subsequently, it’s inappropriate to pay youngster assist in line with the calculations of that point.”

“Nonetheless, the supply that the quantity of youngster assist have to be equal to at the least 50 p.c of month-to-month earnings is unrealistic. Internationally, it’s calculated primarily based on the mother and father’ potential to work and earnings stage. The quantity of youngster assist to be paid by an individual who has no earnings apart from wage shouldn’t exceed 50 p.c of his or her earnings. It’s included within the related regulation. Nonetheless, the draft regulation features a provision in violation of this regulation,” he mentioned.

The general public is reacting in another way to this choice. Some say that it’s simply PR for the following election, whereas others criticize that it’s a “present” for Worldwide Kids’s Day. Some netizens commented that it’s a gender-insensitive choice that spreads the notion that solely fathers pay youngster upkeep.

It’s clear that the problem of kid assist wants to be improved. Nonetheless, it’s higher to give attention to the problem of divorce and the reform of the authorized surroundings slightly than on the amount of cash. In reality, we have to pay extra consideration to how to cut back the divorce price and never damage so many kids by it.

Divorce has led to many property disputes and youngster assist points. Internationally, a wedding contract, generally often known as a prenuptial settlement or a prenup, is used as an incentive to regulate these points. It’s a key device for spouses in resolving property disputes. Usually, a wedding contract is used to find out which partner will retain their properties and different property within the occasion the wedding ends. Some marriage contracts additionally embody the dedication the spouses make to one another and the situations of their marriage. Typically, these contracts additionally cowl the small print of how kids can be cared for after divorce.

Spouses might embody separate and marital properties of their contracts. Separate property is any property that one of many spouses owned earlier than the wedding, whereas marital property consists of all property both partner purchased throughout the wedding. It doesn’t matter whose title it is registered beneath.

There’s a related regulation in our nation. For instance, the Civil Code states, “Some relations of property rights of spouses could also be regulated beneath a contract.” It additionally stipulates, “Spouses might regulate the family funds and bills of one another, decide the quantity of property in case of divorce, and resolve different points associated to property on the foundation of an settlement concluded in accordance with this regulation.”

Sadly, the wedding settlement is not usually utilized in Mongolia as a result of lack of detailed provisions within the Household Regulation and the lack of expertise and knowledge. In consequence, divorce may end up in an absolute loss or acquire for one social gathering. If such an settlement is reached, {couples} will have the ability to share their property pretty with out a court docket choice, with out losing time and cash. It is usually thought-about a authorized assure for single {couples}.

With a view to cut back divorce and make clear the roles and obligations of relations, the general public must be knowledgeable about marriage agreements precisely with out biased opinions. The Household Regulation ought to replicate this problem and accordingly inform the general public, particularly younger individuals.

In 2019, the Ministry of Labor and Social Safety drafted the Household Regulation, which acknowledged that “marriage contracts shall be a method of regulating property and non-property relations and a authorized assure for single {couples}”. Sadly, it has been nearly three years since this initiative was “forgotten”. Subsequently, Mongolians nonetheless don’t perceive what a wedding contract is and proceed to face youngster assist and property disputes.