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Maputo Protocol - Marriage -
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States Parties shall ensure that women and men enjoy equal rights and are regarded as equal partners in marriage. They shall enact appropriate national legislative measures to guarantee that: a) no marriage shall take place without the free and full consent of both parties; b) the minimum age of marriage for women shall be 18 years; c) monogamy is encouraged as the preferred form of marriage and that the rights of women in marriage and family, including in polygamous marital relationships are promoted and protected; d) every marriage shall be recorded in writing and registered in accordance with national laws, in order to be legally recognised; e) the husband and wife shall, by mutual agreement, choose their matrimonial regime and place of residence; f) a married woman shall have the right to retain her maiden name, to use it as she pleases, jointly or separately with her husband's surname; g) a woman shall have the right to retain her nationality or to acquire the nationality of her husband; h) a woman and a man shall have equal rights, with respect to the nationality of their children except where this is contrary to a provision in national legislation or is contrary to national security interests; i) a woman and a man shall jointly contribute to safeguarding the interests of the family, protecting and educating their children; j) during her marriage, a woman shall have the right to acquire her own property and to administer and manage it freely.
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