1. What are the laws and regulations regarding spousal and family considerations in Bhutan?

Marriage in Bhutan is governed by the Marriage Act of 1980 and the Bhutan Civil and Criminal Procedure Code. These laws apply to both Bhutanese citizens and foreigners residing in the country.

1. Spousal Rights: Under the Marriage Act, both spouses have equal rights and obligations within marriage. This includes rights to property, inheritance, and decision-making. Both spouses are also responsible for supporting each other financially.

2. Divorce: Divorce is allowed in Bhutan under certain circumstances specified in the Marriage Act, such as adultery or desertion. A divorce can be initiated by either spouse, and the court will make a decision based on the evidence presented.

3. Child Custody: In cases of divorce or separation, custody of children is decided by the courts based on what is deemed to be in the best interest of the child.

4. Child Support: The Marriage Act states that both parents have an equal responsibility to provide for their children’s physical, emotional, and educational needs until they reach adulthood.

5. Inheritance: Inheritance laws in Bhutan are based on Buddhist principles of equality and justice. All children, regardless of gender, are entitled to an equal share of their parents’ property.

6. Juvenile Justice: The Bhutan Penal Code recognizes minors as those under 18 years old and has separate provisions for criminal offenses committed by them.

7. Family Violence Protection: Domestic violence is a criminal offense under the Penal Code of Bhutan with penalties that include imprisonment or fines depending on the severity of the offense.

8. Adoption: Adoption procedures in Bhutan are regulated by The National Commission for Women and Children (NCWC), which works towards ensuring that adoptive parents are suitable to care for a child’s well-being.

9.Alienation from family home or ex-communicated from own village makes an indivisible crime warranting punishment.( Article 10 & 11 of Marriage act)

10. Child Marriage: The minimum legal age for marriage in Bhutan is 18 years old for both males and females. There are strict laws against any form of child marriage, and offenders can face imprisonment or fines.

11. Same-sex Marriage: Same-sex marriage is not legally recognized in Bhutan, and homosexuality is still considered a criminal offense.

Overall, Bhutan’s laws and regulations prioritize the well-being and protection of families, spouses, and children, ensuring equality, justice, and fair treatment for all members within the family unit.

2. Are there any specific requirements for marriage or divorce in Bhutan?

According to Bhutanese law, both parties to a marriage must be at least 18 years old and mentally sound. Marriages can only be legally recognized if they are registered with the Civil Registration and Census Bureau. In addition, couples must have consent from both sets of parents or legal guardians before getting married.

For divorce, the law requires that the couple formally apply for divorce and go through a period of mandatory reconciliation counseling before their application is accepted. The final decision on whether to grant the divorce lies with the court.

In cases where one spouse is not a citizen of Bhutan, additional requirements may apply and they may need to obtain permission from the Ministry of Home and Cultural Affairs before getting married or divorced.

3. How does Bhutan view same-sex marriages and LGBTQ+ families?

Same-sex marriages are not legally recognized in Bhutan. The country’s constitution defines marriage as a union between a man and woman, and their Civil and Penal Codes do not mention any form of recognition or protection for same-sex couples.

LGBTQ+ families are also not recognized in Bhutan. Same-sex couples cannot adopt children or access any legal protections typically granted to married couples, such as joint property ownership or inheritance rights.

However, Bhutan does not criminalize homosexuality and there is no specific law against same-sex relationships. The LGBTQ+ community faces social discrimination and stigma, but there have been some efforts to promote awareness and acceptance. In recent years, there have been discussions on introducing anti-discrimination laws that include sexual orientation as a protected category. Additionally, some organizations in Bhutan are working towards providing support and resources for LGBTQ+ individuals.

4. Are spouses of citizens automatically granted residency or citizenship in Bhutan?

No, spouses of citizens are not automatically granted residency or citizenship in Bhutan. They must go through the appropriate legal process and meet the eligibility criteria to obtain residency or citizenship.

5. What options are available for spousal sponsorship in Bhutan immigration laws?

In Bhutan immigration laws, there are several options available for spousal sponsorship:

1. Family Reunification: If one spouse is a Bhutanese citizen, the other spouse can apply for a spouse visa under the family reunification program. The sponsoring spouse must provide proof of their citizenship and demonstrate that they have sufficient means to support their family.

2. Marriage Awaiting Visa (MAV): Couples who are married but do not have a marriage visa can apply for MAV, which allows the foreign spouse to reside in Bhutan while their visa application is being processed.

3. Temporary Residence Permit (TRP): Non-Bhutanese spouses of Bhutanese citizens can obtain a TRP if they wish to stay in the country for more than six months but less than one year.

4. Dependent Visa: Spouses of foreign nationals holding valid work permits or business visas can apply for a dependent visa to accompany their partner in Bhutan.

5. Retirement Visa: Foreign retirees who have been legally married to a Bhutanese citizen for at least five years can apply for a retirement visa and reside in Bhutan with their spouse.

6. Investment Visa: Foreign spouses of Bhutanese citizens who invest a minimum amount in the country’s economy can apply for an investment visa and reside in Bhutan with their partner.

7. Others: In some cases, if none of the above options are applicable, couples may also be able to apply for special permits or exemptions through the Department of Immigration and stay together in Bhutan.

It is important to note that each type of sponsorship has its own eligibility criteria and requirements, and it is best to consult with an immigration lawyer or the Department of Immigration directly for specific guidance on individual cases.

6. Is there a minimum age requirement for marriage or having children in Bhutan?

Yes, the minimum age for marriage in Bhutan is 18 years for both males and females. The minimum legal age for having children is not specified by law, but it is generally advised that individuals should be at least 18 years old before starting a family. However, child marriage and teen pregnancy are still issues in some rural areas of Bhutan.

7. Does Bhutan offer any benefits or support for stay-at-home parents?

Bhutan does not have specific benefits or support programs for stay-at-home parents. However, the government does provide free education and healthcare for all children, making it easier for parents to stay at home with their children if they choose to do so. Additionally, there are various community-based organizations and initiatives that offer support and resources for parents, including parenting classes and workshops.

8. How does childcare work in Bhutan? Is it affordable and accessible for working parents?

Childcare in Bhutan primarily falls under the responsibility of families and communities. It is not provided by the government as a formal service.

In rural areas, extended family members, such as grandparents or aunts and uncles, often play a significant role in caring for young children while their parents work. In urban areas, many working parents rely on informal arrangements, such as hiring a nanny or having their child looked after by a neighbor or relative.

There are also some private daycares and preschools available in urban areas, but they can be expensive and may not be accessible to everyone. Government employees may have access to workplace daycares or childcare subsidies.

In recent years, the Royal Government of Bhutan has recognized the importance of early childhood care and education and has taken steps to improve access to childcare services. However, more affordable and accessible options are still needed for working parents in Bhutan.

9. Are there any tax incentives or deductions for families with children in Bhutan?

Yes, there are some tax incentives and deductions available for families with children in Bhutan. These include:

1. Child Tax Credit: Families can claim a child tax credit of 20% of the total taxable income on up to two dependent children. This credit is applicable for children under the age of 18.

2. Education Expense Deduction: Parents can claim a deduction for education expenses incurred for their dependent children who are studying in a recognized educational institution in Bhutan.

3. Medical Expense Deduction: Parents can also claim a deduction for medical expenses incurred for their dependent children, including expenses related to preventive healthcare, dental care, and medical insurance premiums.

4. Parents’ Income Tax Exemption: A parent or guardian with a dependent child can avail an additional income tax exemption of Nu 100,000 per year on their taxable income.

5. Maternity Leave Benefit: All working mothers are entitled to a paid maternity leave of up to three months, during which they receive full salary and benefits. This benefit is also extended to adoptive and surrogate mothers.

6. Childcare Subsidy: The government provides childcare subsidies to parents whose children are enrolled in accredited daycares or early childhood education centers.

7. Free Education: The government provides free education from pre-primary level to high school level for all Bhutanese citizens, including expatriate children residing in the country.

8. Free Health Care Services for Children: All children under the age of five receive free health care services and vaccinations at public health centers.

9. Additional Benefits for Single Parents: Single parents with dependent children are eligible for additional benefits such as subsidized housing, transport allowances, and support from social welfare organizations.

It is important to note that these incentives and deductions may vary depending on individual circumstances and income levels. It is best to consult with a tax advisor or government agencies for more information about specific tax benefits available for families with children in Bhutan.

10. Are there any government programs or subsidies available to support low-income families in Bhutan?

Yes, there are several government programs and subsidies available to support low-income families in Bhutan, including:

1. Social Protection Scheme: This is a cash transfer scheme launched by the government to provide financial assistance to vulnerable groups, including low-income families, elderly citizens, people with disabilities, and single-parent households.

2. National Housing Development Corporation (NHDC) Loan Scheme: This scheme provides low-interest loans to low-income families to purchase land or construct their own houses.

3. Free Primary Healthcare Services: The government provides free primary healthcare services to all citizens of Bhutan, including low-income families.

4. Free Education: The government of Bhutan offers free education for all children up to grade 12, including textbooks and school supplies. This helps reduce the financial burden on low-income families.

5. Subsidized Food Programs: The government runs various subsidized food programs such as school feeding programs and the Public Distribution System, which provide affordable and nutritious food to low-income families.

6. Targeted Credit Development Fund (TCDF): This fund provides credit facilities at lower interest rates to small scale entrepreneurs from marginalized communities and low-income households.

7. Rural Electrification Program: The government has implemented various schemes for rural electrification in remote areas of the country, which benefit low-income households without access to electricity.

8. Low-Cost Rural Housing Scheme: Under this scheme, the government of Bhutan provides subsidy for the construction of houses for rural poor and marginalized households.

9. National Pension and Provident Fund (NPPF) Welfare Scheme: This program provides financial support to destitute or disabled pensioners who do not have any source of income or family support.

10. Job Creation Programs: The government has initiated various programs such as Youth Employment Scheme and Revolving Fund for Self-Employment to generate employment opportunities for young people from low-income families in both urban and rural areas.

11. What kind of healthcare coverage is available for spouses and dependents of residents/citizens in Bhutan?

According to the Bhutanese Ministry of Health, spouses and dependents of residents/citizens are eligible for healthcare coverage through the national health insurance program. This includes basic primary care services, emergency care, and hospitalization. However, coverage may vary depending on the specific insurance plan chosen by the resident/citizen. Private health insurance plans are also available for purchase for additional coverage.

12. How are parental leaves and benefits structured in Bhutan?

Parental leaves and benefits in Bhutan are structured as follows:

1. Maternity Leave:
– Working women are entitled to a minimum of three months of paid maternity leave.
– This can be extended up to one year if the mother has complications during childbirth or post-delivery.
– The leave can be taken anytime within two weeks before the expected delivery date, or any time after the birth.
– During this period, the employer must provide full salary and benefits to the employee.

2. Paternity Leave:
– Fathers are entitled to 5 days of paid paternity leave if they have worked with their employer for at least six months.
– The leave must be taken within six months from the date of childbirth.

3. Adoption Leave:
– Adoptive mothers are entitled to three months of paid adoption leave.
– If there is more than one adoptive parent, only one can claim this benefit.
– The adoptive parent must have worked for their employer for at least six months.

4. Parental Leave:
– Parents are entitled to a combined total of one year (365 days) of unpaid parental leave, which can be shared between both parents.
– This leave can be taken in addition to maternity and paternity leaves, but cannot exceed more than a year in total.

5. Childcare Allowance:
– Employers must provide working mothers with childcare allowances equivalent to 100% of their basic salary for up to five years after giving birth.

13. Is surrogacy legal and regulated in Bhutan, especially for non-nationals?

Surrogacy is not legally recognized in Bhutan, for both nationals and non-nationals. It is not regulated or governed by any laws in the country. Surrogacy arrangements are not permitted and can result in severe penalties for those involved.

14. How does adoption work in Bhutan? Are international adoptions allowed?

Adoption in Bhutan is governed by the Juvenile Justice Act of 2019. It follows a two-step process wherein the child’s biological parents or guardians must first relinquish their parental rights to the child, and then a decision is made by a court-appointed committee on whether adoption is in the best interest of the child.

International adoptions are allowed in Bhutan, but only for local citizens who have resided abroad for more than three years and have obtained permanent residency in another country. The adoption process for foreigners is managed by authorized agencies and requires approval from both the sending and receiving countries. The child must also be legally free for adoption as per inter-country adoption guidelines set by the Ministry of Women and Child Affairs in Bhutan.

15. Does child custody follow a specific legal process during separation/divorce proceedings?

Yes, child custody typically follows a specific legal process during separation or divorce proceedings. This process may vary slightly depending on the state or country in which the separation/divorce is taking place, but generally it involves the following steps:

1. Filing for Divorce/Separation: The first step in the process is filing a petition for divorce or legal separation with the court.

2. Temporary Custody Orders: If there are minor children involved, either party can request temporary custody orders while the divorce/separation is pending. These orders determine where the child will live and who will have decision-making authority until a final custody arrangement is reached.

3. Mediation/Alternative Dispute Resolution: Many jurisdictions require parents to attend mediation or participate in alternative dispute resolution methods to try and work out a custody arrangement before going to court.

4. Custody Evaluation: In some cases, a professional evaluator (often a social worker or psychologist) may be appointed by the court to assess each parent’s fitness and ability to care for their child.

5. Trial/Custody Hearing: If an agreement cannot be reached through mediation or alternative dispute resolution, a trial or hearing may be necessary. Each side will present evidence and arguments supporting their desired parenting plan, and a judge will make a decision based on what they believe is in the best interests of the child.

6. Final Custody Order: Once all issues have been decided at trial, the court will issue a final custody order outlining how physical and legal custody will be shared between the parents.

It’s important to note that this process may differ depending on individual circumstances and local laws, so it’s best to consult with an attorney familiar with family law in your jurisdiction for specific guidance on how child custody proceedings work.

16. Does Bhutan recognize prenuptial agreements?

No, prenuptial agreements are not recognized in Bhutan. Marriage is considered a partnership based on mutual love and trust, and it is believed that such agreements go against the spirit of marriage. All marital property is considered joint and is divided equally in case of divorce.

17. Can stepparents legally adopt their spouse’s child/children from a previous relationship?

Yes, stepparents can legally adopt their spouse’s child/children from a previous relationship. This process is known as a stepparent adoption and involves the termination of the non-custodial parent’s rights and responsibilities and the transfer of these to the stepparent. The requirements for a stepparent adoption vary by state, but generally involve obtaining consent from both biological parents or proving that the non-custodial parent has abandoned or neglected the child. It is important to consult with an attorney experienced in family law to ensure that all necessary steps are taken and all legal requirements are met in order to complete a stepparent adoption successfully.

18, Is domestic violence considered a serious crime against the family unit in Bhutan?

Yes, domestic violence is considered a serious crime against the family unit in Bhutan. It is punishable under the Domestic Violence Prevention Act of 2013 and offenders can face imprisonment for up to three years or a fine or both. Additionally, the Act recognizes various forms of domestic violence, including physical, sexual, psychological, and economic abuse, and provides protection to victims through restraining orders and other measures. The government of Bhutan is also committed to addressing this issue through awareness campaigns, support services for victims, and training programs for law enforcement officials.

19, How does inheritance law apply to spousal and familial property rights after death of a family member/resident of Bhutan?

In Bhutan, inheritance law applies to the property rights of spouses and other family members after the death of a family member. The applicable laws and regulations are primarily governed by the Civil and Criminal Codes of Bhutan, as well as specific laws related to inheritance.

Spousal Property Rights: According to the Civil Code, upon the death of one spouse, the surviving spouse has the right to inherit 50% of all movable and immovable property owned by the deceased spouse. Additionally, if there are children from the marriage, the surviving spouse also has guardianship rights over them.

If there is no will or testament left behind by the deceased spouse, their property will be divided equally between the surviving spouse and any living children. If there are no living children or grandchildren from a previous marriage, then the entire estate will go to the surviving spouse.

Familial Property Rights: Inheritance rights for family members other than spouses are determined based on proximity of relationship to the deceased person. In cases where there is no surviving spouse or descendants, parents have equal inheritance rights over their child’s estate. Siblings also have equal inheritance rights if there are no parents or descendants.

In addition to these laws, traditional Buddhist practices also play a significant role in determining inheritance rights in Bhutan. Many families follow customs such as primogeniture (whereby the first-born son inherits a larger portion of the estate) or division among siblings according to gender roles.

However, it is important to note that these customs do not supersede statutory law and can only be used as guidelines for peacefully resolving any disputes related to inheritance.

Overall, inheritance law in Bhutan seeks to ensure fair distribution of assets amongst family members while also respecting cultural traditions and religious beliefs.

20, Are there any cultural traditions or customs related to spousal and family considerations that may differ from Western norms in Bhutan?

Yes, there are some cultural traditions and customs related to spousal and family considerations in Bhutan that differ from Western norms. These include:

1. Arranged marriages: In Bhutan, arranged marriages are still a common practice where families play a major role in selecting a suitable partner for their children. Unlike in Western cultures, where individuals get to choose their own partners based on love and compatibility, marriage in Bhutan is seen as a union between two families rather than just two individuals.

2. Polygamy: Polygamy, the practice of having more than one spouse at the same time, is not uncommon in Bhutan. However, it is not as prevalent as it used to be and is mostly practiced by the upper class or among rural communities. Men are allowed to have up to four wives with the consent of the first wife.

3. Extended family structures: In Bhutan, families tend to be larger and more extended compared to Western families. It is not uncommon for several generations to live together under one roof, with grandparents, parents, and unmarried siblings all residing together.

4. Respect for elders: Respect and care for elders are highly valued in Bhutanese culture. Children are expected to take care of their parents as they age and seek their advice before making important decisions.

5. Patriarchal society: Bhutanese society is largely patriarchal with men holding most of the decision-making power within the family. Women are traditionally expected to take care of household chores and raise children while men are considered the breadwinners.

6. Joint property ownership: In many traditional Bhutanese households, property ownership is joint between husband and wife rather than individually owned by one partner.

7. Emphasis on family harmony: Family harmony and maintaining good relationships within the extended family are given great importance in Bhutanese culture. Conflicts within the family may be seen as bringing shame upon the entire clan.

8. Endogamy: Marriages between people from the same clan or community are preferred in Bhutan, with the belief that it will lead to stronger family ties and a continuation of cultural traditions.

9. Inheritance customs: In traditional Bhutanese families, inheritance is usually passed down through the male line. However, there has been a recent shift towards equal distribution of property among male and female children.

10. Respect for marital fidelity: Despite polygamous practices, marital fidelity is highly valued in Bhutanese culture, and extramarital affairs are frowned upon. Divorce is also not common in Bhutanese society, with couples often choosing to work through their issues and maintain their marriage for the sake of family harmony.