THE LEGAL ANALYSIS OF THE INCREMENT OF DIVORCE CASE STUDY OF (2024)

INCREMENT OF DIVORCE

Jean de la croix N, 2021

This study provides a comprehensive legal analysis of the rising trend of divorce in Rwanda, examining the factors contributing to this increase and the implications for Rwandan family law. The research investigates the socio-economic, cultural, and legal dynamics influencing marital dissolution, particularly in the context of post-genocide recovery and modernization. Through a review of legal statutes, case law, and empirical data, the paper identifies gaps in the existing legal framework that may exacerbate divorce rates. Furthermore, it explores the roles of mediation and alternative dispute resolution mechanisms in addressing marital conflicts. The findings aim to inform policymakers and legal practitioners about the need for reforms that promote family stability while respecting individual rights. Ultimately, this study seeks to contribute to a deeper understanding of the challenges and opportunities in the realm of family law in Rwanda.

An Evolution of Tradition: Understanding the Unintended Effects of the 1999 Inheritance and Marital Property Law on Intra-Family Relationships in Rwanda

2016

Marital conflict in the aftermath of genocide in Rwanda

Intervention, 2017

Marital dynamics in post-genocide Rwanda: The experience of descendants of genocide survivors and perpetrators

2017

Social death is an overlooked after-effect of genocide. This legacy affects the social life of members in post-genocide society. The focus of this qualitative study is to understand how marital conflict of survivors and perpetrators of the genocide against Tutsi in 1994 in Rwanda affects marital identity of descendants. The study was conducted in two Districts (Muhanga and Rukindo) and is based on interviews with 20 research participants comprising of 12 survivor and perpetrator parents and 8 descendants with equal number of males and females. The study uses psychosocial approaches and gender theories for data analysis and interpretation. The following are the summarized findings: The genocide related relational trauma of survivors and perpetrators limits them to perform their parenthood responsibilities in such a way that they are biological parents but in far less degree able to be social parents. Secondly, the marital conflict of parents results in descendants having an ambivalen...

Intersectionalities of formality of marital status and women's risk and protective factors for intimate partner violence in Rwanda

abstract Indashyikirwa is an intimate partner violence (IPV) prevention programme being implemented by CARE International Rwanda, Rwanda Women's Network and Rwanda Men's Resource Centre in Rwanda. One critical aspect of the programme is a 5-month curriculum to promote equitable, violence-free relationships among formally and informally married heterosexual couples. This article complements existing evidence in Rwanda around how formality of marital status influences women's access to rights, social status, risk and protective factors for IPV, and highlights barriers to formalising marriage – primarily lack of financial means and gendered inequalities. It draws on research of Indashyikirwa, including interviews with 15 male and 15 female partners of formally and informally married couples, 9 community leaders, 3 women's space facilitators, 9 staff members, 12 community activists and 24 focus groups with community members. Interviews and focus groups were conducted in Kinyarwanda, transcribed and translated into English, and analysed thematically. The findings indicate poor legal protection and related limited institutional responses for informally married women who experience IPV. An intersectional lens supports recommendations to address such inequalities, including raising awareness among women in informal marriages about strategies to ensure rights for themselves and their children, and to legally acknowledge informal unions after a certain period of cohabitation.

Road to Divorce in Tanzania: What are the Main Factors

African Journal of Economic Review, 2023

This study examines the road to divorce in Tanzania from 2018 to 2022 based on court records filed by RITA (Registration, Insolvency and Trustee Registration Agency). It applies Bayesian negative binomial regression appropriate for count data and small samples using Markov chain Monte Carlo simulation and Gibbs sampling. The results show that the mean coefficients for conflict, cruelty, desertion, alcohol addiction, adultery, consummate failure, financial difficulties, misconduct, communication problems, jealousy and insecurity; and lack of commitment all have positive effects on divorce in Tanzania. The road to top five factors leading divorce in the country includes conflicts, failure to consummate, adultery, desertion and cruelty. Our study provides insights into divorce ending intervention in Tanzania.

Divorce: An International Multi-dimensional Challenge

International Journal of Epidemiologic Research

Enforcement of Women' Property Rights by Rwandan Courts: Battle of Equality before the Law

Gender equality is essential for the achievement of human rights for all. Women are entitled to live with dignity and must enjoy the rights to equal protection by the law. The Judiciary remain the guardian of human rights and freedoms. The paper analyses the enforcement, by the judiciary, the women' property rights on the proof of gender equality and written law in Rwanda where the customary system treated a woman like second class citizen; it evaluates the implication of these judgements in fight against women in Rwanda. The recently decisions of Supreme Court have declared the customary laws and practices which deny women inheritance rights as unconstitutional, have also developed some protection of women involved in customary marriage. This is particularly important, because these decisions have provided further interpretation and clarification for the actual enforcement and execution of women' property rights. This contribution commends socio-policing, legislative enactment and court based advocacy in these cases for the protection of women's rights in Rwanda. It therefore calls for judicial activism in the protection of women's rights.

Prevalence, causes and consequences of divorce in Bahir Dar city, Ethiopia

2019

This study investigated the prevalence, causes and consequences of divorce in Bahir Dar City, Ethiopia. Mixed methods design was employed for the study and both qualitative and quantitative data were collected. For the quantitative data 361 randomly selected households and for the qualitative part 8 divorcees and 8 purposively selected community and religious leaders participated. Questionnaires were used to collect quantitative data while qualitative data were collected through interviews, focus group discussions and document analysis. The quantitative data were analyzed quantitatively using percentage and mean while the qualitative data were narrated and paraphrased. The result of the study indicated that the prevalence of divorce in three consecutive years (2013/14, 2014/15 and 2015/16) were 24%, 26.28% and 49.72% respectively. Moreover, the data from questionnaire respondents indicate that 46.5% of households were divorced. The major causes of divorce fall under psychological...

The Legality of Marriage According to Customary, Religion and State Laws: Impacts on Married Couples and Children in Manggarai

Jurnal Dinamika Hukum

This study explores the complexity of marriage for people in Manggarai. Since they are citizens of the cultural community of Manggarai, Indonesian citizens, and members of a Catholic community, their marriage is required to follow the provisions of customary law, religious law, and state law. Using a library and ethnographic approaches, the study compares these laws on the legality of marriage and analyzes their differences and the impacts on the rights and obligations of married couples and children born to the couple. The study discovered that the differences in the provisions regarding the validity of a marriage between the three laws have provided space for the emergence of legal uncertainty and discriminatory treatment of customary marriages which are not legalized by religious law and state law as well as marriages that are divorced civilly but are still valid according to Catholic rules. Such a phenomenon is certainly a portrait of failure or incompetence in the attempt to un...