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Thirty-eighth Amendment

Signed 11th Jun, 2019

Provided for changes to provisions regulating divorce by removing the constitutional requirement for a defined period of separation, and by substituting a provision on the recognition of foreign divorces.

Article Amended

Article 41 After

The text of Article 41 after enacting the Thirty-eighth Amendment

Article 41.

…
  1. 1:
    1. 1°:
      The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.
    2. 2°:
      The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State.
  2. 2:
    1. 1°:
      In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.
    2. 2°:
      The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.
  3. 3:
    1. 1°:
      The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.
    2. 2°:

      A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that—

      1. i:
        there is no reasonable prospect of a reconciliation between the spouses,
      2. ii:
        such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and
      3. iii:
        any further conditions prescribed by law are complied with.
    3. 3°:
      Provision may be made by law for the recognition under the law of the State of a dissolution of marriage granted under the civil law of another state.
  4. 4:
    Marriage may be contracted in accordance with law by two persons without distinction as to their sex.
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