Men have to wait 180 days to remarry but women are faced with a 300 day period. The Attorney General, Joana Marques Vidal, says this "discriminatory, unjustified and inadmissible."
The different waiting period for men and for women violates the constitutional principle of equality, as well as the Constitution that states that, "everyone has the right to start a family and to get married on an equal basis," according to a welcome statement from the Attorney General's Office that has been submitted to parliament.
The ruling Socialists, Left Bloc and PAN all have submitted bills to have the current anomaly changed.
"The waiting period, as it appears now in the Civil Code, does not seem to respect the constitution at all because it imposes a longer period for women and seems to be a form of discrimination based on sex, which also violates the principle of equality, "says Joana Marques Vidal in her formal opinion.
The Left Bloc wants both men and women to wait for 180 days before remarrying, the Socialist Party want a 30 day gap and PAN wants an end to the whole process, a view echoed by the Attorney General’s Office and the Superior Council of the Judiciary which both question the need for a waiting period at all.
