- Measures taken as part of reforms on family legislation: 364. As part of the implementation of judicial reforms, Algeria has introduced substantial reforms on marriage, divorce and its effects (right of custody, marital home, alimony), as well as rules on guardianship. The core elements of these reforms are presented as follows: 1) In Law No. 84-11 o f 9 June 1984 on the Family Code, as amended and supplemented: 365. Henceforth, marriage is considered in the family law as a consensual contract which calls for the consent of the two prospective spouses. It is for this reason that marriage by proxy has been abolished entirely. There can therefore not be any “forced marriage”. The age of marriage has been fixed at nineteen (19) years for the two future spouses who have all the latitude to include any clause they may deem necessary in the marriage contract. 366. Regarding polygamy, Ordinance No. 05-02 of 27 February 2005 introduced new conditions the husband is supposed to comply with. In addition to information by the first wife and the prospective second wife (in other words, the husband must receive their consent about the second union), the husband must solicit and obtain the authorization of the President of the Court to contract a second marriage. The magistrate must ascertain whether the grounds referred to are justified and if the husband is capable of ensuring equity and providing the necessary conditions for a matrimonial life for the two spouses. 367. In case of doubt, each spouse can take legal action for divorce against the husband (Section 8a). The new marriage shall be terminated before its consummation where the husband has not obtained authorization from the judge (Section 8a 1). On divorce, the causes for which the woman can establish a case have been broadened to enable her take legal action, particularly for persistent misunderstanding with her partner or for violation of the clauses stipulated in the marriage contract or in a subsequent contract. 368. Any proceedings relating to divorce must necessarily lead to reparation. The nonperformance of the contract inevitably leads to criminal prosecution, particularly against the recalcitrant husband. The case law of criminal courts in Algeria is very strict on this subject matter. 369. To avoid past practices consisting of bad delaying tactics used by the first husband in order to prevent the divorced woman from remarrying, the decisions of the courts of first instance may be appealed against at a higher court (Court of Appeal). Only the appeal of cassation before the Supreme Court is accepted. 370. Concerning the right of custody (or hadhana), the amendment of the family code is in line with the principle of seeking the interest of the child. Thus, the father henceforth plays the role of a second fiddle after the mother in the area of devolution of the right of custody. 371. Generally, in a large number of cases, Algerian courts grant the custody of the child or children to their mother. Thus, according to the new provisions, the father must provide decent accommodation or failing that, a substantial amount of rent to enable the mother to exercise the right of custody devolved on her. Finally, a working mother cannot be deprived of her right of custody (Section 67 p. 2). 372. With regard to guardianship, a significant headway has been made in that henceforth, the mother shall have: 61