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Kreung Ethnicity - United Nations in Cambodia

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4.6.2 Divorce<br />

Traditionally, divorce is considered a major dispute that must be solved by<br />

enlist<strong>in</strong>g the help of the Kanong. There can be many reasons for request<strong>in</strong>g a<br />

divorce, <strong>in</strong>clud<strong>in</strong>g the death of a spouse 15 . When gett<strong>in</strong>g divorced, the Kanong<br />

must consult the conditions determ<strong>in</strong>ed dur<strong>in</strong>g the engagement or the<br />

wedd<strong>in</strong>g regard<strong>in</strong>g conflict resolution. In addition, the Kanong or Krak Shrok<br />

must discuss the causes of why the couple want a divorce. They must balance<br />

and consider the reasons for the request with the request for divorce with the<br />

request for divorce by each party. Property, resources and children must be<br />

divided <strong>in</strong> accordance with the agreement of both parties. The party who is<br />

considered guilty must pay tatch to the other accord<strong>in</strong>g to conditions<br />

determ<strong>in</strong>ed dur<strong>in</strong>g the wedd<strong>in</strong>g or engagement. Yet, the negotiation is still<br />

important <strong>in</strong> ensur<strong>in</strong>g the heal<strong>in</strong>g of the dispute. After the agreement on tatch,<br />

traditionally at least one chicken and a jar of w<strong>in</strong>e will be brought for the party<br />

to heal the friendship.<br />

Appropriate reasons for a husband to divorce his wife without pay<strong>in</strong>g tatch are:<br />

• If the wife becomes pregnant with other man<br />

• If the wife has <strong>in</strong>tercourse with another man<br />

Appropriate reasons for a wife to divorce her husband without pay<strong>in</strong>g tatch are:<br />

• If another women is pregnant with his child<br />

• If he has <strong>in</strong>tercourse with another woman more than twice<br />

• If he commits more than two cases of physical abuse aga<strong>in</strong>st his wife<br />

Anyone want<strong>in</strong>g a divorce for reasons other than the above must pay tatch to his/<br />

her spouse as promised dur<strong>in</strong>g the wedd<strong>in</strong>g or engagement.<br />

In the case where a wife or husband dies, the liv<strong>in</strong>g partner cannot remarry<br />

unless their partner has been dead for over a year. Before remarry<strong>in</strong>g, the liv<strong>in</strong>g<br />

partner must participate <strong>in</strong> a sacrificial ceremony for their dead partner to<br />

signify the break<strong>in</strong>g of marital relations as well as to provide compensation<br />

15<br />

With<strong>in</strong> <strong>in</strong>digenous cultures <strong>in</strong> <strong>Cambodia</strong>, the death of a spouse does not automatically signify the end<br />

of a marriage. In order to remarry after a spouse’s death, a traditional divorce is required.<br />

<strong>Kreung</strong> <strong>Ethnicity</strong>: Documentation of Customary Rules<br />

37

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