Why Family Law Holds the Key to Unlocking Women’s Full Economic Potential Worldwide

Family law reforms over the past 50 years have empowered over 600 million women by enhancing their rights in marriage, inheritance, and household decision-making. Yet, persistent legal inequalities in over 100 countries continue to limit women’s economic opportunities and autonomy.

In a sweeping new brief by the World Bank’s Women, Business and the Law project, in collaboration with Equality Now and the Global Campaign for Equality in Family Law, authors Daniela M. Behr and Julia C. Braunmiller explore the transformative power of family law reform in reshaping women’s economic agency over the last five decades. Their analysis reveals that since 1970, legal reforms in family law have opened doors for more than 600 million women, granting them access to property rights, divorce, equal decision-making within the household, and ultimately, the labor market. Yet, the pace of progress has been uneven: 105 economies still retain laws that deny women equal rights in marriage, inheritance, and domestic decision-making. This disparity underscores that family law, though often regarded as a private matter, is in fact a key public issue with vast implications for gender equality and sustainable development.

Why Family Law Matters More Than We Think

The authors challenge the persistent myth that family law belongs solely in the private domain. Unlike labor laws that typically apply only to the formal sector, family laws govern the lives of all women, regardless of employment status. Legal provisions that limit women’s ability to travel, choose a place of residence, or act as head of household reinforce systemic barriers that spill over into education, employment, and access to capital. According to the Women, Business and the Law index, which measures legal equality across 190 countries, family law is often the most resistant to reform due to its deep entrenchment in cultural, religious, and traditional norms. Still, when these laws are reformed, such as allowing women to initiate divorce or inherit equally, they directly influence female labor force participation and financial independence, especially in developing countries.

Reform Momentum: From Coverture to Control

Over time, countries have worked to dismantle legal doctrines rooted in colonial or patriarchal ideologies. In the United Kingdom, the concept of coverture rendered a married woman legally invisible; in civil law traditions like France and Belgium, the husband was once designated head of household, wielding control over property and decisions. It took decades of legislative change, often driven by feminist activism and international conventions like CEDAW, to overturn these norms. In Germany, Italy, and Spain, laws that once required a wife to obey her husband or seek permission to work were repealed only in the latter half of the 20th century. These transformations had ripple effects worldwide, with many former colonies beginning to address inherited restrictions. South Africa abolished the husband’s marital power in 1993, and Côte d’Ivoire followed with significant reforms in 2013 and 2019. Such changes are far more than symbolic; they expand women’s rights to property, divorce, and child custody, helping them enter the labor market on more equitable terms.

Legal Change Sparks Social Change

Beyond formal rights, family law reform can shift social norms. Research shows that when women gain equal rights in the home, they also gain stronger bargaining power, more control over finances, and increased educational investments for their children. For example, Ethiopia’s 2000 Family Code revision, which granted women equal management over marital property, led to increased female employment in higher-skilled sectors. In Brazil and the United States, changes to divorce laws resulted in more leisure time for women, better educational outcomes for girls, and a decline in domestic violence. These shifts aren’t just legal, they represent a reconfiguration of how society views women’s roles. Laws send powerful signals about what is acceptable behavior, and when they affirm women’s equality, they help transform public attitudes and reduce the stigma surrounding female economic participation.

The Work Ahead: Bridging the Reform Gap

Despite notable advances, the road to legal equality remains incomplete. Today, in 19 countries, a husband still has the right to prevent his wife from working. In 28 countries, women cannot legally be recognized as the head of household. In many parts of the Middle East and North Africa, women face unequal rights in divorce and inheritance, and obedience clauses in family law remain widespread. Dual legal systems where religious or customary law overrides civil law further complicate reform efforts, particularly in South Asia and Africa. While legal changes are necessary, implementation is often weak. This is why the World Bank’s new Women, Business and the Law 2.0 index goes beyond legal texts to measure enforcement, using data on national policies, institutions, and expert perceptions to assess whether women’s legal rights are truly upheld in practice.

The brief ultimately argues that transforming family law is not only about justice and equity but also about economic strategy. Countries that have advanced gender-equal family laws have seen gains in labor productivity, human capital development, and poverty reduction. But reforming laws is only part of the equation. Success depends on political will, civic pressure, and culturally sensitive approaches that recognize the social resistance such changes may provoke. Legal reform, when done right, can spark a virtuous cycle of empowerment, improved outcomes, and stronger, more inclusive economies. As the authors conclude, changing family law is not just a legal necessity, it is an engine for transforming lives and building prosperity.