THE POSSIBILITY OF DECREEING POST-MORTEM DIVORCE IN ANGOLA: LEGAL ANALYSIS AND SOCIAL IMPLICATIONS

Abstract

This article examines the legal feasibility of decreeing divorce after the death of one or both spouses during the process, based on Angolan legislation, comparing it with other legal systems. The study highlights the lack of legal provision in the Angolan legal system to decree post-mortem divorce, that is, to continue the divorce process after the death of one of the spouses during the course of the action, resulting, therefore, in a legal gap. The research proposes alternatives and suggests reforms in Family Law in Angola, highlighting the need for legal adjustments to align with contemporary social needs. Furthermore, it is expected that the research will be used by the Commission for the Reform of Justice and Law in progress in Angola, and that it will be evaluated by legal operators, contributing both to the legislator and constituting the creation of standards relating to Family Law, or for researchers in the teaching of Law.