New Draft Law Proposes Unequal Property Division

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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.

In a new draft law concerning family matters, the government is suggesting that courts may order spouses to receive unequal shares of assets and liabilitiesThe proposed amendment aims to tackle the problem of marriages entered into primarily for the acquisition of property.

These laws were initially passed in 2016 but have since revealed issues related to drafting inconsistencies and loopholes. 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.

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.There was a problem processing your submission. Please try again later. Moreover, the draft law addresses the issue of irreconcilable differences between spouses, which the current law does not explicitly recognize as grounds for divorce.

 

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