In Rwanda, the right to marry and found a family is guaranteed by the law. A civil monogamous marriage between a man and a woman is the only recognized marital union. However, a monogamous marriage between a man and a woman contracted outside Rwanda in accordance with the law of the country of celebration of that marriage is recognized. No one can be married without his or her free and full consent.

Spouses are entitled to equal rights and obligations at the time of marriage, during the marriage and at the time of divorce.

For legally married partners in Rwanda wishing to legally end their marriage, the law provides that any of the spouses may apply for divorce on one of the following grounds:

1.        ADULTERY

In Rwanda, any married person who has sexual intercourse with a person other than his/her spouse, commits an offence called adultery. This is a valid ground for divorce and a crime punishable by law that upon conviction, the person that committed is liable to imprisonment for a term of not less than six (6) months and not more than one (1) year.

In Rwanda, the law provides that the prosecution of adultery is initiated only upon complaint of the offended spouse. In that case, the prosecution is initiated against the accused spouse and the co-offender.

According to the law, during the proceedings of adultery the offended spouse always has the rights/opinion at any stage of the procedure to request the authorities in this case the police or prosecution that the proceedings be terminated when he/she retracts and withdraws the complaint.

However, if the matter is already brought before court or if a decision thereon has been taken, retraction does not stop the consideration of the case or the execution of the judgment. It is the discretion of the judge to consider the case after which he/she can accept or refuse such a retraction upon justification. If a judge accepts the retraction of the offended spouse, stopping the proceedings or the execution of the judgement has effects on the co-offender.

2.        DESERTION OF THE MARITAL HOME FOR A PERIOD OF AT LEAST TWELVE (12) CONSECUTIVE MONTHS.

The other ground that can spark divorce proceedings in Rwanda is when a married person intentionally deserts a marital home for a period of at least twelve (12) consecutive months without justified reasons. However, for this ground the law clearly states that the months must be consecutive. This means it must be a total of uninterrupted twelve months when the person deserted his or her marital home. For example, if a person deserts a home for only eleven (11) months, this ground does not apply. Hence the law made it clear that it must be at least twelve (12) months straight when the spouse deserted the home to apply this ground for divorce.

In Rwanda, desertion of the marital home is not only a ground for divorce but also a crime punishable by law.  The law enshrines that a spouse who, without serious reasons, deserts his/her marital home for more than two (2) months and evades his/her obligations, commits an offence. Upon conviction, he/she is liable to imprisonment for a term of not less than three (3) months and not more than six (6) months. This punishment also applies to a husband who, willfully and without serious reasons, deserts his wife for more than one (1) month knowing that she is pregnant. However, separation following mistreatment of one of the spouses is not considered as desertion of the marital home when he/she has informed the nearest local administration and a record relating thereto has been drawn.

It must be appreciated that the prosecution of the offence of concubinage and desertion of the marital home is initiated only upon complaint of the offended spouse. The offended spouse may at any stage of the procedure request that the proceedings be terminated when he/she retracts and withdraws the complaint. However, if the matter is already brought before court or if a decision thereon has been taken, retraction does not stop the consideration of the case or the execution of the judgment. The judge considers the case after which he/she can accept and refuse such a retraction upon justification.

However, the law provides that separation following mistreatment of one of the spouses may not be considered as desertion when he/she has informed the nearest local administration and a record relating thereto has been drawn.

3.        CONVICTION FOR AN OFFENSE SEVERELY TAINTING THE HONOUR OF THE OTHER SPOUSE

In Rwanda, a spouse can apply for divorce when the partner is convicted for a crime the ruins their reputation. For example, if the partner is convicted for a crime like rape, murder, corruption and among others. It must be understood that under this ground the partner must have been convicted, this means that there must be a conviction judgement. Mere accusations or being a suspect does not amount to a ground for divorce.

4.        REFUSAL TO PROVIDE FOR THE HOUSEHOLD NEEDS

Marriage in Rwanda creates an obligation for spouses to provide for the house needs, and refusal to provide for the house needs is a serious ground for divorce under the law. This means that spouses in Rwanda have the responsibility to support each other with day to day necessities or financially. E.g.  a duty to provide for each other’s maintenance. In case the spouses have children, each spouse has a duty to the upbringing of the children by providing all basic needs of children like food, school fees, clothing, medication and among others. 

5.        EXCESS, ABUSE OR SERIOUS INSULTS BY ONE TOWARDS ANOTHER

A spouse that can prove that he or she has been excessively abused or seriously insulted by the other, has the rights and valid ground to apply for divorce in Rwanda. This can be proved using recordings or testimonies from the spouse or other witnesses such as neighbors, local leaders, or family members

6.        GENDER BASED VIOLENCE

In case a spouse is facing gender based violence. The law enshrines that the affected spouse has the right and ground to apply for divorce. Gender-based violence consists of acts like physically hurting the other, threatening the other, using force or unreasonable restrictions towards the other, based in a gendered power structure.

7.        DE FACTO SEPARATION FOR A PERIOD OF AT LEAST TWO (2) YEARS;

When spouses separate for a period of more than two (2) years without justification, then either party can apply for divorce. Under this ground the law clarifies that the period of separation must be more than “two (2) years straight”

8.        NON-COHABITATION FOR MORE THAN TWELVE CONSECUTIVE (12) MONTHS FROM THE DAY OF CELEBRATION OF MARRIAGE ON UNJUSTIFIABLE GROUNDS

A spouse can also apply for divorce in Rwanda if he/she can prove that from the day of celebration of the legal marriage they have failed to cohabit for a period of more than twelve (12) consecutive months.

WHICH IS THE COMPETENT COURT TO PRONOUNCE DIVORCE IN RWANDA?

In case a spouse wishes to file for divorce basing on any of the above mentioned grounds, the application for divorce is referred to the competent court where the spouses had their last conjugal residence or where the defendant is domiciled.

WHO CAN ISTITUTE DIVORCE PROCEEDINGS IN RWANDA?

The action for divorce is only instituted by spouses. Action for divorce is instituted and judged according to ordinary proceedings.

An action for divorce expires after five (5) years running from the time of discovering the cause of divorce.

Legal basis

– THE CONSTITUTION OF THE REPUBLIC OF RWANDA OF 2003 REVISED IN 2015

– LAW Nº32/2016 OF 28/08/2016 GOVERNING PERSONS AND FAMILY

– LAW Nº68/2018 OF 30/08/2018 DETERMINING OFFENCES AND PENALTIES IN GENERAL