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Benin

Republic of Benin

Civil law (French tradition)Unitary presidential republicReviewed· 2026-08-03
Capital
Porto-Novo
Population
13,700,000
Languages
French, Fon
Currency
XOF

Benin · Family

Family in Benin

What the atlas records on family in Benin, checked against the primary sources cited below.

Family

Code des personnes et de la famille 2004, which abolished polygamy prospectively

Reviewed· 2026-08-03

Loi n° 2002-07, in force 2004, replaced customary family law with a single code. It abolished polygamy for marriages contracted after entry into force, set the marriage age at 18 for both sexes, and equalised inheritance between sons and daughters — reversing customary rules that excluded women.

Key rules

  • Jurisdiction — The Tribunal de première instance sits in family matters; customary courts were abolished by the 2004 Code.
  • Deadline — Birth registration: 10 days, extendable by judicial declaration
  • Deadline — Divorce by mutual consent: judicial confirmation after a reflection period

Governing law

  • Loi n° 2002-07 du 24 août 2004 portant Code des personnes et de la famille
  • Loi n° 2021-11 relative à la santé sexuelle et de la reproduction

In practice

The 2004 Code is one of the more decisive family-law reforms in the region because it did not attempt to codify custom alongside statute — it displaced it. Polygamous marriages predating 2004 remain valid, so two regimes coexist by cohort rather than by community, and practitioners must establish the date of marriage before advising on succession.

Sources

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