254. In accordance with the CPF, the spouses enjoy the same rights and are subject to the
same obligations during the marriage and its dissolution. Thus, they assume together the moral
and material responsibility of the household, each one of them has the right to exercise a
profession without the consent of the other, on condition that the exercise of this profession is
not detrimental to the supreme interest of the family . Furthermore, they have the obligation to
feed, maintain and educate the children. Where the matrimonial regimes do not settle the issue of
contribution of the spouses to the responsibilities of the household, they shall contribute
proportionally according to their respective abilities.
d) Monogamy as a form of common law marriage
255. In order to promote the full development of spouses and to fight against socio-economic
bottlenecks and feudal conceptions, monogamy has been established as the form of common law
marriage. However, polygamy is accepted under conditions that preserve the rights of women. In
the case of the polygamy option, the married woman can object to the marriage with her husband
if she has evidence that she and her children have been abandoned by the husband. Moreover,
the husband is obliged to ensure that all his spouses are given equal treatment.
e) Protection against any interference in the life of the family unless the welfare of the
children and a member of the family is threatened
256. The peace in the family is a major concern for the State which is making efforts on daily
basis to ensure their welfare. Thus, any harm to the privacy of individuals is prohibited by the
Constitutions (Article 6) and the Criminal Code (Article 371).
f) Rights and responsibilities of spouses with regard to children during the marriage and
its dissolution
257. By the single act of marriage, the spouses have an obligation to feed, maintain and
educate their children. If the matrimonial regimes do not settle the issue of contribution of the
spouses to the responsibilities of the household, they contribute proportionally according to their
respective abilities. Each of the spouses collects their wages and salaries, but cannot use them
freely until they have settled their household expenses.
258. In case of failure to honour one’s obligations, the defaulting spouse shall face the
sanctions laid down in Article 306 of the CPF based on the decision of the civil court which can :
-
Authorise one spouse to take a separate residence ;
Without the consent of the other spouse, prohibit the spouse from freely disposing of their
own property or those of the community.
259. In case of divorce, the custody of the children is given to one of the spouses depending
solely on the interest of the children. However, children below seven (7) years must be in the
custody of the mother, except under special circumstances where the custody of the child would
be harmful to the latter. The spouse, on whom the custody of the children has not been conferred,
has the right to oversee their maintenance and their education; this includes the obligation to
contribute to the expenses concerning them.
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