Debate in Tunisia over a new divorce law... Simplification or a threat to the family?

A new draft law in Tunisia has sparked a sharp controversy after being proposed by a number of parliament members to allow divorce by mutual consent without the need to go through the court, by conducting the divorce directly in front of notaries.

Although the project is supported by 105 out of 154 members, it has faced strong opposition from various legal and human rights entities, considering it a threat to Tunisian families, women's rights, and a violation of personal status laws.

Supporters argue that the project aims to simplify procedures and relieve pressure on the courts, especially in uncontested divorce cases.

However, critics see the opposite view entirely. The National Bar Association sent an official letter to parliament expressing its complete rejection of the proposal, warning that it would lead the country into a phase of legal chaos by allowing execution without a judicial ruling, undermining the principle of confrontation and the right to defense.

The National Union of Tunisian Women, in turn, did not remain silent, but announced its firm rejection of amending Article 32 of the Personal Status Law, emphasizing that divorce should remain the jurisdiction of the courts only to ensure the protection of women, families, and society.

It also considered that removing the role of the judge and the reconciliation phase deprives the divorce process of important tools for scrutiny and verification of the parties' rights.

Official figures from the National Institute of Statistics indicate more than 14,000 divorce cases annually in Tunisia, averaging 38 cases per day, reflecting the magnitude of the issue and raising alarms about the stability and future of families.

Given these facts, the debate continues between those who see the project as a necessary simplification of procedures and those who view it as a threat to family values and the legal and social achievements of Tunisian women.