marital relations with her husband shall keep and use his name unless the judge
decides otherwise. A divorced woman may continue to bear her husband's name with
the consent of the latter or with the authorization of a judge "(Article 7)
3.3.2 – Minimum age for marriage (Article 6 (b))
573. Article 43 of the Personal and Family Code and Artice 267 of the Children’s
Code fix the minimum age for marriage for both sexes at 18 years.
3.3.3 – Registration of marriages (Article 6 (d))
574. Marriage is obligatorily celebrated by an officer of the civil status office and
registered in accordance with the provisions in force (Article 73 of the Personal and Family
Code). This celebration enables the State to ensure the respect of the conditions of validity
of the marriage). It is also a guarantee for the woman who can denounce before the
officiating officer any attempt of forced union. This protection which the woman now
enjoys at the time of marriage also exists during the collective life which the spouses lead
to the extent that she can boast of reciprocal rights and duties vis-à-vis her husband.
3.3.4 - Protection of women in polygamous marriages (Article 6 (c))
575. The Personal and Family Code states in Article 97 (2) that "in the case of polygamy,
each spouse may claim equal treatment with respect to the other". In addition to that, "in
polygamous families, each wife forms a household with her spouse" (Article 99 (2)).
3.3.5 - Protection of women during separation, divorce, annulment of marriage
(Article 7)
Body separation
576. Body separation, as the Personal and Family Code states in Article 153, "shall
put an end to cohabitation and the obligations arising therefrom, but the obligation to
faithfulness and the other effects of marriage shall remain". The protection of women
is especially felt in the duty to help when we know that in most cases, it is the woman
who enjoys alimony in Togolese communities. "The duty to assist shall continue after
body separation, alimony shall be fixed according to the general rules relating to the
amount of food money" (Article 155).
Divorce
577. A wife may "keep her husband's name with the consent of the husband. In the
absence of this consent, she may ask the judge for permission to continue to use her
husband's name:
160
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents