Divorce can not be granted overnight

Editor,I appreciate Sunny Ntayombya’s views about divorce and I agree with him. But the reasons he proffered are not based on law or broad public policy.

Friday, May 10, 2013

Editor,I appreciate Sunny Ntayombya’s views about divorce and I agree with him. But the reasons he proffered are not based on law or broad public policy.Almost every country, Rwanda, US, Uganda, and Kenya, that I’m familiar with allow for "no-fault” divorces (the parties need not provide grounds or reasons for the termination of their marriage).However, a "chilling” period – usually one year in most states in America, a year in Kenya and as, you said, 5 years in Rwanda – is required before the dissolution of the marriage can be granted.Consider that any marriage is not just an agreement between two people. It has social ramifications that extend beyond the couple. It involves parents, relatives, and, above all, the children of that union. Dissolving this marriage is not as simple as it sounds.Public Policy in most societies has evolved to grant married couples certain benefits or privileges – lowered interest rates for bank loans (Germany, Japan, Swaziland), jointly-held property ownership, inheritance, joint liability for debt accrued under the marriage, etc. Inversely, one spouse can be held liable for the debt of another. These are not simple matters to resolve or wind down in less than a year. It takes time to sort out this unfortunate business. I think five years is a bit much, but a year is understandable. Another element missing in your article is that divorcing parties do not have to live under the same roof as they await a final divorce decree. Separation is available to them at any time. They can live apart until everything is wrapped up.Eric, Washington D.C., USA**********************

EricI am a divorcee and I can give you examples. Your arguments are not true because what is called mutual agreement looks at all aspects. For some couples, the most difficult part is to accept when one decides to go to the court to file for divorce. What they are actually doing is making everything legal while they’ve already practically divorced a long time ago.I lived in Europe for more than 8years, and in that society you will find people living well in their third and fourth marriage. I do believe that  kids in single-parent homes live better than the kids in the family of problems.Peter, Kigali,Rwanda**********************This is quite an interesting piece of information. I liked the way you attempted to mix between culture and Christianity, including change in societies (e.g. modernity etc...).As an International Business Professor, I often read your interesting articles with great interest. Next time I visit Rwanda (NUR), I will do my best to see you in person. Please keep it up; these are the kinds of stories scholars and public policymakers interested in African societies would like to hear. Thank you.Aloysius Newenham-Kahindi, CanadaReactions to Sunny Ntayombya’s opinion, "Divorce clause: The law cannot fix what is irreconcilably broken”, (The New Times, May 8)