A/HRC/40/CRP.1 expected to replace the loss of cattle of her husband’s family by giving birth to numerous children.529 The dire economic situation of South Sudan has increased the importance of the bride price in the relationships between families. 530 Divorce remains rare,531 but in most cases when granted, will trigger the return of the bride price from the wife’s family to the former husband’s family, resulting in many families pressuring women to reconcile especially since children remain in the husband’s custody.532 In most cases of domestic violence, customary law courts will favour maintaining a marriage and in some instances has been at the expense of endangering a woman’s life. 533 The ongoing conflict, exposure to life in urbanized settings including in the PoC sites and refugee camps is changing traditional marriage practices as income and cattle is not so widely available to pay bride price.534 Separation is not in the interest of women as any other relationship they enter into is considered to constitute the crime of adultery, under South Sudanese law. 535 Children born from such relationships will in terms of tradition be deemed to be a child of her husband. 536 In most cases, families and customary law courts will favour repairing the relationship for the good of the community.537 For example a customary law court in Warrap State ruled that a women did not have to forcibly remarry her former husband from whom she had previously obtained a divorce ruling from a customary law court for mistreatment and domestic violence. However, the court ruled that before she could get remarried her family had to pay back the bride price to the former husband.538 Under customary law, the death of a spouse does not terminate marriage, resulting in a widow being totally dependent on her late husband’s family to survive. In some instances she will be married off to a male relative of her deceased husband through “wife inheritance”, to maintain the strength of the clan. 539 This practice originally intended to offer widows protection and support on the death of a spouse has had the consequence of reinforcing the notion of women as property, transferred to a male relative who inherits the belongings, the widow and the children of the deceased husband.540 O. Stern, “‘This is How Marriage Happens Sometimes’: Women and Marriage in South Sudan”, in F. Bubenzer, O. Stern (editors), Hope, Pain and Patience, The Lives of Women in South Sudan, Fanele, Jacana Media, 2011; What Works to Prevent Violence against Women and Girls consortium, “No safe Place: A lifetime of violence for conflict-affected women and girls in South Sudan”, 2017. 530 O. Stern, “‘This is How Marriage Happens Sometimes’: Women and Marriage in South Sudan”, in F. Bubenzer, O. Stern (editors), Hope, Pain and Patience, The Lives of Women in South Sudan, Fanele, Jacana Media, 2011. 531 UNDP, In search of a working system of justice for a new nation. The ascertainment of customary laws of the Toposa, Lokuto (Otuho), Lango and Lopit Communities of the Eastern Equatoria State of South Sudan, Series 1, Volume 1, 2012. 532 In the case of young children, they would be left with their mother until they are older and can live with their father. Human Security Baseline Assessment for South Sudan and Sudan, “Women’s Security and the Law in South Sudan”, Small Arms Survey, March 2012; Conflict Sensitivity Resource Facility South Sudan, “Justice in South Sudan”, 2018. 533 Justice Africa, “Justice in Practice: South Sudan”, Spring 2015, O. Stern, “‘This is How Marriage Happens Sometimes’: Women and Marriage in South Sudan”, in F. Bubenzer, O. Stern (editors), Hope, Pain and Patience, The Lives of Women in South Sudan, Fanele, Jacana Media, 2011. 534 K. Grabska, Gender, Home & Identity. Nuer Repatriation to Southern Sudan, Eastern Africa Serie, Boydell & Brewer, 2014; What Works to Prevent Violence against Women and Girls consortium, “No safe Place: A lifetime of violence for conflictaffected women and girls in South Sudan”, 2017; K. Grabska, “Marrying on credit: the burden of bridewealth on refugee youth”, Forced Migration Review, Issue 40, August 2012, pp. 7-8. 535 See Section 266 of the Penal Code (2008). The section refers to customary law to deal with this offence. 536 The Child Act (2008) remains vague about the definition of ‘parents’. Human Security Baseline Assessment for South Sudan and Sudan, “Women’s Security and the Law in South Sudan”, Small Arms Survey, March 2012. 537 Justice Africa, “Justice in Practice: South Sudan”, Spring 2015. 538 Michael Arensen, “If we leave we are killed. Lessons learned from South Sudan Protection of Civilian Sites 2013-2016”, IOM, 2016; Justice Africa, “Justice in Practice: South Sudan”, Spring 2015. 539 UNDP, “Ascertainment of Customary Laws in South Sudan”, Discussion Paper, 2012; for the Dinka, see e.g. B. Juuk, “South Sudanese Dinka Customary Law in Comparison with Australian Family Law: Legal Implications for Dinka Families”, The Australian Review of African Studies, Vol. 34, No. 2, December 2013, pp. 99-112. 540 O. Stern, “‘This is How Marriage Happens Sometimes’: Women and Marriage in South Sudan”, in F. Bubenzer, O. Stern (editors), Hope, Pain and Patience, The Lives of Women in South Sudan, Fanele, Jacana Media, 2011. What Works to Prevent Violence against Women and Girls consortium, “No safe Place: A lifetime of violence for conflict-affected women and girls in South Sudan”, 2017. Care, “Inequality and injustice: The deteriorating situation for women and girls in South Sudan’s war. A progressive gender analysis: 2013-2016”, 2016. 529 83