Divorce as Process, Botswana Style
Bibliographic Data
| ID | 6015405 |
|---|---|
| Authors | P Werbner (0000-0003-2296-9851, Keele University, corresponding author), Richard Werbner (0000-0002-3493-6742, University of Manchester) |
| Year | 2018 |
| Volume | 2 |
| Issue | 2 |
| Pages | 1-23 |
| Publication date | 2018-12-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Legal Anthropology (JOURNAL) |
| Journal identifiers | ISSN: 1758-9584 • E-ISSN: 1758-9576 |
| Publisher | Berghahn Books (PUBLISHER • GB) |
| DOI | 10.3167/jla.2018.020202 |
| OpenAlex | W2921122528 |
| Language | EN |
| Citations received | 3 |
| References cited | 6 |
This article aims to unravel the complex negotiations surrounding property settlements and custody in cases of divorce in customary courts in Botswana today in the light of an earlier legacy of penalising divorce initiators. It argues that women’s attempts to get their husbands to initiate divorce proceedings can entangle women in lengthy negotiations and ultimately frustrate the aim of achieving a divorce. Repeated court hearings can last for years, we show. At the same time, in Botswana’s statutory courts today, an equal division of property irrespective of the causes of marital breakdown has become established practice. In the article, we aim to show that customary laws regarding property settlement in divorce have indeed changed, gradually adjusting to notions of equity in women’s rights in marriage, in response to a wider ideological, critical movement, even though chiefs or headmen presiding over customary courts do not always explicitly acknowledge this change
Business · Criminology · Equity (law · Geography · Human settlement · Ideology · Merge (version control · Negotiation · Political science · Property (philosophy · Redress · Settlement (finance · Sociology · Statutory law · Style (visual arts · African history and culture studies · Land Rights and Reforms · Law · Legal Issues in South Africa
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,5 |
| Citation span | 2020 - 2025 (6) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |