As the judiciary embarks on the new judicial year 2024-2025, Chief Justice Faustin Ntezilyayo said one of the areas of emphasis will be family justice. Family justice refers to the legal and social systems that address and resolve issues related to family relationships and disputes. It encompasses a range of matters including divorce and separation, child custody and support, domestic violence, adoption and guardianship. ALSO READ: Why is divorce rate rising in Rwanda? Speaking to The New Times, Judiciary spokesperson Harrison Mutabazi explained that the increased focus on family justice is driven by a new law that judicial officers must become well-acquainted with. The newly amended “Law Governing Persons and Family,” officially gazetted in July, introduced significant changes as it integrated two pieces of legislation: one pertaining to persons and family, and the other governing matrimonial regimes, donations, and successions. Notably, the law allows Rwandans aged 18 and above to marry legally, provided they obtain authorisation from a competent authority and present reasonable grounds for the request. It also stipulates that the national flag will no longer be used during marriage ceremonies. Instead, spouses will take their oaths while raising their right arms, and the civil registrar will hold the flag. ALSO READ: Chief Justice outlines priority areas as new judicial year begins Another key change is the recognition of unpaid care work during divorce proceedings. According to Article 175 of the law, the court may consider the value of unpaid care work performed by one or both spouses when dividing property. “Family justice encompasses various rights, rules, and procedures. Specialised training, refresher courses, and harmonisation of precedents will be crucial in implementing these changes effectively,” Mutabazi noted. The new law also allows couples to create a personalised matrimonial regime. Article 166 permits intending spouses to choose a regime based on their mutual agreement, provided it adheres to public order and Rwandan morals. Previously, there were only three predefined matrimonial regimes. These are community of property, which is a contract by which the spouses opt for joint ownership of all their property, limited community of property whereby partners share everything they amass from their wedding day, and separation of property which means complete separation of spouses’ respective assets.
