Choice of name

Press, Volume CXIII, Issue 33189, 31 March 1973, Page 7

Choice of name

P.A.-Reuter —Copyright) BONN. March 29. The West German Cabinet has approved a draft law allowing a woman not to take the name of the man she marries, and also providing for easier divorces. In future, the husband will not be able to insist that the wife’s primary duty is to look after the house. The Justice Minister (Mr Jahn) said it was intended to bring the new marriage and family law into force during the life of the present Parliament, which expires in November, 1976. The draft law supersedes and improves upon two earlier bills that were left when the last Parliament was dissolved prematurely in November. Mr Jahn said it clarified the principle of equality of the sexes in marriage law and provided better social protection for divorced women. A woman will not in future have to take the name of the man she marries, the man can, if he. Wishes, take his

[Wife’s name or the couple [can use a joint name. The bill also proposes that couples could end their marriages by mutual consent after living apart for 12 months, instead of the three years’ separation required under present laws. The proposed new law abolishes the criterion of guilt in establishing grounds for divorce, and substitutes the “objective state of the marriage.” This will spare the partners the fight over [who is the guilty party, and (also the embarrassment of revealing private matters of an intimate nature before a judge. Where only one partner desires a divorce the couple must still have been living apart for three years before [the courts can end the marriage. The draft law contains a (so-called “hardship clause.” enabling the courts to refuse [a divorce where it would (create problems or hardship for the children, or one of the partners. A claim to financial maintenance of one of the divorced parties by the other will not in future depend on I the question of guilt, but [solely on the economic and (social position of the couple.