Malawi’s Marital Property Law: Questions & Answers

How the property of couples is administered, owned and distributed at the end of a marriage has considerable relevance in the context of HIV/AIDS, especially in Malawi where women represent almost 60 percent of those over the age of 15 who are infected. Women and Law in Southern Africa Research Trust — Malawi (WLSA-Malawi) is challenging Malawi’s current approach to marital property law before the Constitutional Court of the Republic of Malawi because this approach discriminates against women. This Q&A provides the background and rationale for the court case.

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