Ekteskapslovens skjevdelingsbestemmelse – indirekte diskriminerende?

Abstract

Analyses of case law indicates that section 59 of the Norwegian Marriage Act can result in women suffering more financial difficulties than men after a divorce. Although the language in section 59 is gender-neutral, it may appear, based on case law and cases from Legal Advice for Women (JURK), that the section affects women more severely than men. As a result of men’s claim of unequal division, women are more likely to end up with little or no financial means. In that perspective, the question is whether section 59 is in EKTESKAPSLOVENS SKJEVDELINGSBESTEMMELSE – INDIREKTE DISKRIMINERENDE? 67 discrepancy with the Convention on the Elimination of All Forms of Discrimination against Women, or not.