In a new draft law concerning family matters, the government is suggesting that courts may order spouses to receive unequal shares of assets and liabilities during divorce proceedings, particularly if the marriage has lasted less than five years.
The proposed amendment aims to tackle the problem of marriages entered into primarily for the acquisition of property.
According to the explanatory note accompanying the bill, which is being presented before parliament this afternoon, (March 18), the change comes in response to complaints lodged during divorce proceedings, where some spouses were accused of targeting assets during the marriage.
The provision regarding property division is just one of 12 significant alterations proposed in the new law, which aims to streamline the legal frameworks governing individuals, families, matrimonial regimes, donations, and successions.
These laws were initially passed in 2016 but have since revealed issues related to drafting inconsistencies and loopholes.
The government asserts that the new bill seeks to foster a more equitable and inclusive Rwandan society, built upon strong and stable families.
Among the issues addressed in the draft law are matters related to divorce, marriageable age, the valuation of unpaid care work in divorce settlements, matrimonial regimes, family property management, and adoption.
According to the Rwanda Judiciary report of 2022/2023, the number of divorce cases has been steadily increasing since 2016. In 2016, there were 21 divorce requests, which rose to 69 in 2017 and dramatically escalated to 1,311 in 2018.
By 2019, 8,941 couples were granted divorces, as reported by the National Institute of Statistics (NISR). The trend continued with 3,213 divorce requests in 2020, and the 2021-2022 Judicial Affairs Report documented a total of 3,322 applications.
To address the issue of short marriages entered into with the sole intention of gaining property, the bill proposes that in cases where divorce occurs within the first five years of marriage, the court may, upon request of one spouse, order unequal distribution of assets and liabilities after examining the reasons for the request.
Additionally, the bill aims to tackle the prolonged period of conciliation for spouses contemplating divorce. Currently, conciliation sessions last for three months or more, during which a judge attempts to reconcile the spouses.
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However, the bill notes that this extended process often fails to yield the desired results, as evidenced by the success of only two out of 27 cases logged at Kicukiro Primary Court.
As a result, the draft law proposes transferring the conciliation process to the Family Council, pending the finalization of a draft ministerial order determining the responsibilities, organization, and functioning of the Family Council.
Moreover, the draft law addresses the issue of irreconcilable differences between spouses, which the current law does not explicitly recognize as grounds for divorce.
The bill proposes including irreconcilable differences as one of the grounds for divorce, in addition to existing criteria such as adultery, desertion, abuse, and gender-based violence.
The proposed changes aim to modernize the legal framework concerning family matters and provide more efficient and equitable solutions to the challenges faced by couples seeking divorce.
