Marriage
Marriages in Tunisia are still first and foremost decisions
of reason
rather than of love.
Characteristics such as occupation, wealth, origin of man and woman,
youth, modesty and virginity weigh much heavier than a high degree of
affection.
Such considerations took place in the past in western countries as well
and still take place in many parts of the nobility - and it is
only fair to say that, in some regards, such marriages do
have advantages over marriages that are purely emotion-based.
"Forced marriages" are forbidden by law in Tunisia, but a
large portion of marriages are "arranged" marriages
in which the families strongly suggest the future partners to
their children, the most desired partners often being cousins.
And even though this form of marriage is declining and some
children
even strictly refuse them, the verdict of the family has a very high
importance for the choice of spouses.
The main purpose of marriage is the production and raising of children,
thus enlarging the family
community. A marriage is also the only legal and socially accepted
option to be together with a non-related person of the opposite sex.
Spousal violence in Tunisia is not part of the law, but it
takes place
at least as often as in western countries. Beatings of women (and
sometimes men) are therefore not uncommon.
Matrimonial disputes can take place loudly and out of open
windows, though never in the streets, but will hardly be noticed by the
neighbors.
| In Tunisia, the
closure of a marriage
contract before the wedding
is mandatory. Since most previously regulated things have
become habit or
law meanwhile, the contracts are today mostly limited to the
amount of bridal
money and the rulings of matrimonial properties.
It should be noted that various
provisions in this contract can be taken, but will be void, since
they violate
national law (heritage, care, maintenance, etc.) and it will be very
difficult to enforce them in a court.
For binational
couples, counseling by a lawyer who is
specialized in bi-national marriage contracts is highly recommended!
Divorce
The
divorce rate in Tunisia is around 30% with a rising tendency. Often, it
is the woman who files for a divorce, which is in Tunisia allowed by
law. The main reasons of divorce are spousal violence, alcoholism and
adultery.
However,
a divorce has massive drawbacks for the woman, which,
in
many cases, will prevent her from seeking a divorce. There is, for
example, after a
divorce no alimony, if the woman is childless. For children, however,
even when the mother obtains the custody (which is common in
Tunisia), the father keeps the right of determining
the residence of the children (in other words, the mother is
prevented to move to a place far away where the father has no access to
the children anymore). Women who live alone with children are very rare
in Tunisia, mostly, they are widows.
As
a divorced woman with children has almost no chance of a new marriage,
the children are sometimes being "aborted" (they are either left with
the father or are raised in the family of the father or mother) - or
the mother will stay unmarried together with her children in her family
(parents, uncles, etc.). |
Cohabitation without marriage
The cohabitation of unmarried and non-related
persons of different sex constiutes in Tunisia the offense of
prostitution,
and is also socially ostracized.
Homosexuality
is both punishable and socially ostracized in Tunisia.
Marriages
between persons of the same sex are forbiden in Tunisia and therefore,
without exception, not possible. Cohabitaion is, though, possible
relatively easy, since the non-sexual interaction/cohabitation of
individuals of the same sex ("friendship") is not offensive.
So, as long as homosexuals refrain from any sexually
understood action
in the public, they will not experience serious problems when living
together.
However, the
cohabitation of Westerners and Tunisians, is mostly suspected to be an
homosexual partnership - it will often be tolerated by state
and society, but never
accepted. |
