Family
The 2016 Family Law with full spousal equality and monogamy only
Law 32/2016 governs persons and family, recognising only monogamous civil marriage and requiring an election of matrimonial property regime at marriage. Women have equal rights in succession under the 1999 inheritance law, a significant departure from prior custom.
Key rules
- Jurisdiction — Primary courts hear family matters; the civil registrar celebrates marriage and records status.
- Deadline — Marriage: celebrated before the civil registrar only; religious ceremonies have no civil effect alone
- Deadline — Minimum age of marriage: 21, one of the highest in Africa
- Deadline — Property regime: elected at marriage from community, limited community or separation
Governing law
- Law n° 32/2016 governing persons and family
- Law n° 22/99 supplementing the Civil Code on matrimonial regimes, liberalities and successions
- Law n° 27/2001 relating to the rights and protection of the child
In practice
Two features are distinctive. The minimum marriage age of 21 is among the highest anywhere. And the 1999 inheritance law gave daughters equal succession rights with sons — a change made in the aftermath of the genocide, when large numbers of women had no legal claim to the land of deceased male relatives, and one of the most consequential property reforms in the region.