11/06/2023
#女人的角色演变: #无维持义务
“没有硬性规定要求男人必须维持他的妻子或前妻。必须记住,《法律改革(婚姻与离婚)法案》的规定是在一个男人和女人的角色划分清晰的时代进行讨论、审议和确定的,那个时代大多数妇女是居家主妇,经济上依赖他们作为家庭经济支柱的丈夫。
然而,自从《法律改革(婚姻与离婚)法案》颁布以来,整整一代人已经经历了转变,随之而来的是丈夫和妻子的传统角色的演变。妇女不再仅仅被限制在处理家务事上。过去,妇女的地位仅仅是在厨房里。因此,女性没有自动权利向丈夫要求维持费用。”- 来自 Evrol Mariette Peters J 在 YAY v. WHO & Anor [2023] 3 CLJ 135
原文:
“There is no hard and fast rule that a man must maintain his wife or former wife. It must be remembered that the provisions of the Law Reform (Marriage & Divorce) Act were discussed, deliberated and determined during a time when the demarcation of the roles of husband and wife were clear, where most women were stay-home mothers and were financially dependent on their husbands who were the breadwinners for the family.
However, a whole generation has transitioned since the Law Reform (Marriage & Divorce) Act was enacted and along with it, the traditional roles of husband and wife have evolved. Women are no longer relegated to merely handling household-matters. Gone are the days where a woman's only place was in the kitchen. As such, there is no automatic right for a woman to claim maintenance from her husband.” - per Evrol Mariette Peters J in YAY v. WHO & Anor [2023] 3 CLJ 135 翻译中文
Steve Chew 周本兴