matter either upon a request by the Public Prosecutor’s Department or a request by any other
interested person (Article 378 of the Family Code).
196. To register a marriage celebrated within the family setting, the law requires the spouses
to present their declaration to get married with an indication of the date of the celebration of
the family marriage and an indication that the marriage formalities have been followed; where
necessary, the name, profession, domicile and residence of the witness (es) of the customary
marriage will be added. If the marriage is celebrated by the registrar, the marriage documents
must include the completed publication formalities, declaration by the contracting parties to
get married, decision on the terms of their union by the registrar as well as the nature of all
documents produced.
197. However, whether the marriage is celebrated within a family setting or before a registrar,
representation by assigns may be authorized on serious grounds by a Justice of the Peace. It
is for this reason that it is recommended that the marriage should be recognized and
registered in accordance with law. In addition, with regard to betrothal, the Congolese State
recommends in Article 340 of the Family Code that its form should be regulated by the custom
of the affianced couple. In the event of a conflict of customs, the custom of the woman will
be applied. However, a betrothal cannot be entered into the records of the registry office.
198. Yet, in practice, many couples live together for many years without regularizing their
marital status. Often, it is when the marriage relationship is under threat (legal separation,
claims of property, divorce…) that people realize the importance of registering marriages.. To address
this situation, the government, through the Ministry of the Interior has, in accordance with the
law, set up branches of the civil registry offices in each province, region and areas to issue
civil status certificates prepared by the main registries which they represent. That is the
reason why several women’s associations, with the support of the government and TFPs, have
in recent times launched awareness raising campaigns for the solemnization of marriages and
registration of marriages at the civil registry. Following these campaigns, hundreds of
marriages have been registered and celebrated every year at no cost through the initiative
of the First Lady of the Republic in collaboration with the Ministry of Gender Affairs and the
municipal authorities.
PROTECTION OF WOMEN IN POLYGAMOUS MARRIAGES (ARTICLE 6
(c))
199. As definition of marriage shows , form of marriage which is encouraged and protected by
law is the monogamous marriage , rather than the polygamous marriage.An act through
which a man and a woman who are not bound by a previous registered marriage. Article 354
of the Family Code, goes further to stipulate that no one can contract a new marriage before
the dissolution or annulment of the previous one. However, Article 925 recognizes the validity
of polygamous marriages which took place before 1951.
200. Nevertheless, in spite of the recognition of monogamous unions by the Congolese State,
polygamy remains quite widespread because it affects 22% of women who are currently in a
union. Among women in a union, 18% have a co-wife, 4% have at least two and 2% are not
in a position to tell the number of their co-wives. Besides, it is observed that the proportion
of women with at least one co-wife increases constantly with age, rising from 8% for the 1519 years bracket, to 25% for the 30-34 years bracket and to a maximum of 29% for the 4049 years bracket. However, Law No. 87/010 of 1 August, 1987 on the family code does not
recognize polygamous marriages.
Protection of Women during Separation, Divorce and Annulment of
Marriage (Article 7)
201. The provisions of the Congolese Family Code protect women during divorce, separation or
annulment of marriages because most often, they are at a disadvantage when there is a breakup. Article 581 stipulates that the court may grant the disadvantaged spouse a portion of the
estate from the other spouse’s own funds independently of the settlement of accounts
applicable to them at the time of the divorce. Article 582 goes further by stipulating as follows:
the divorced woman retains the right to receive support from the man during the period of
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