The institution of marriage is increasingly being threatened by a rising rate of divorce according to state data, despite the government’s recent efforts to modernise marriage laws.

Private and government lawyers say this state of affairs is largely driven by economic advantages that come with separation, particularly for couples who opted for limited community of property regime on the terms of their union.

There are three property regimes provided for in Chapter 3 of Article 4 of the Matrimonial regimes: Donations and Successions Act 2016; Community of Property, Limited Community of Property and Separation of Property Regime.

Under Community of Property regime, which is the most preferred by Rwandans, spouses enter a contract by which they opt for joint ownership of all their property.

Chapter 3 Article 6 of the law reads in part: “Spouses under the Community of Property regime manage the property together and have the same right to recover the property if taken, and act as legal representative of the property.

Any property registered in one spouse’s name is part of the property belonging to spouses under the Community of Property Regime.”

In the event of divorce, the spouses share equally or according to any other agreed-upon method the assetsand liabilities of the community.

Limited Community of Property regime provides for spouses agreeing to pool their respective properties owned from the day of marriage celebration, as well as the property acquired during marriage.

Controversy

And, under Separation of Property, spouses agree to contribute to the expenses of the household in proportion to their respective abilities while retaining the right of administration, enjoyment and free disposal of their personal property.

Controversy Legal officers say this regime rarely raises controversy in case of a divorce, but most Rwandans shun it due to prejudices of culture and religion.

However, with the rising rate of divorce, legal officials who interact with petitioners say it is time these property regimes are explained extensively to the public, and they should be encouraged to go beyond cultural prejudices when deciding on the regime they are opting for.

Figures at Nyarugenge Primary Court indicate between August 2017 and August 2018, the court adjudicated on 133 divorce cases and officials say this number does not include cases still at reconciliatory stage which is the initial stage in a divorce process.

But an official at the court said there is always a very small if not zero possibility that people who have filed for divorce will rescind their decision.

However, the increase in divorce is yet to affect the faith Rwandans have in the institution of marriage because at Nyarugenge sector which covers the court’s area of jurisdiction, 195 marriages were certified as legal at office of the notary in 2017.

The court president Benon Tashobya says in most cases, spouses are not explicit in their reasons for opting to divorce, but the issue of compatibility is very seeming; where the two parties find it hard to continue living together.

Experts say such incidents where reasons for filing for divorce are not clearly stated, make it hard to empirically prove most divorces are happening because of the desire to get a share of the family property.

Mr Tashobya adds that in cases where the family is wealthy and a lot is at stake, divorce processes drag on as each party works on getting as much as they can after the dissolution of the marriage to the extent that even protection of children is secondary.

“In some cases people are on the verge of killing each other given the opportunity. Even where one is claiming custody of children, it is in the interest of gaining property,” he adds.

These views are shared by private legal practitioners in Family law who adds that courts are falling in traps set by litigants and a law that fails to deliver sustainable judgements.

Mukashema Marie Louise who specialises in litigation of such cases advises courts to deliver judgements that are robust and sustainable enough particularly to protect children when spouses separate.

“A woman comes to the chambers saying my husband sired a child outside wedlock and is spending a lot of money on his/her upkeep… In the end it turns out her biggest concern is not dishonest of his partner but wealth,” Ms Mukashema says, adding the same applies to men in a marriage where the wife has more resources.