also be effective and satisfactory in the sense that they are capable of remedying the situation in question.14 56. The Court notes that divorce in the Respondent State is only pronounced in court, as per article 31 of the Tunisian Code of Personal Status, which reads as follows: Divorce can be declared: 1. In case of mutual consent by both parties; 2. Upon the request of one of the spouses because of prejudice suffered at the hands of the other spouse; 3. Upon the request of the husband or wife. It is stipulated that reparation will be awarded for material and moral prejudice suffered by one of the spouses at the hands of the other spouse. 57. Article 32(12) of the law also provides that “the parts of the judgment relating to custody, alimony, residence and visiting rights shall be enforced notwithstanding any appeal or objection.” 58. It follows that the decision of the Court of First Instance on divorce is subject to appeal and is, therefore, not final. Accordingly, the proceedings brought before the Court of Appeal of the Respondent State by the Applicant’s husband, in respect of which final decision on divorce was issued, is founded in law. 59. The Court notes that divorce proceedings are not essentially different from other proceedings applied in all civil cases, despite the peculiarity of the matter. Thus, the preamble of the Tunisian Family Law states: “in line with the order of 3 August 1956 (25 doulhidja 1375), on the amendment of the 14 Beneficiaries of late Norbert Zongo, Abdoulaye Nikiema aka Ablassé, Ernest Zongo, Blaise Ilbouldo and Mouvement burkinabè des droits de l’homme et des peuples v. Burkina Faso (merits) (28 March 2014) 1 AfCLR 219, § 68; Lohé Issa Konaté v. Burkina Faso Application No. 004/2013 (merits), § 108; Sébastien Germain Marie Ajavon v. Republic of Benin (jurisdiction and admissibility) (2 December 2021) 5 AfCLR 623, §73. 18