43. The new Rwandan law Nº27/2016 of 08/07/2016 governing
matrimonial regimes, donations and successions recognizes three
matrimonial regimes: community of property; limited community of
acquests and separation of property. Before the civil status officer
registers the couples, they are requested to choose the matrimonial
regime that will guide the couple’s lifetime in marriage. Particularly,
under community regime couples are guaranteed equal ownership of
property and in circumstances of death of one partner, the surviving
one takes over total administration of the property. This is practice
demonstrates a shift from the old practice where women were not
allowed to inherit.
44. Article 21 of the new law Nº27/2016 of 08/07/2016 governing
matrimonial regimes, donations and successions, provides that
whatever be the matrimonial regime chosen and the management
modalities of the patrimony of the spouses, the agreement of both
spouses shall be required for the donation of an immovable property
and of any other property in the community, as well as for the
acknowledgement of any right attached to these properties.
Article 7: Separation, Divorce and Annulment of Marriage
45. Under the Rwandan law and practice, there is no discrimination based
on sex in as far as Separation, divorce and annulment of marriage is
concerned. Both male and female are treated equally. Article 17 of the
2003 Constitution of Rwanda revised in 2015 provides that “Spouses are
entitled to equal rights and obligations at the time of marriage, during
the marriage and at the time of divorce.”
The law N°59/2008 OF 10/09/2008 on the prevention and punishment of
Gender Based Violence is still in force and protects women that were under
illegal marriage through government increased awareness and campaigns to
legalize marriages under civil officers. This has allowed people entertaining
unlawful marriages to be married in accordance with the monogamous
principle. In case, a man was living with many wives and wants to celebrate
monogamous marriage, he shall first of all share the commonly owned
belongings with those wives equally.
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