In an attempt to update Rwanda’s legal system, specifically laws regarding gender equality and family welfare, the Rwandan Parliament recently presented various draft changes to the Family Bill. The inception: to reduce the grumbling question of the financial aspects inside marriages.
With studies grudgingly showing that married couples reported their money-related disagreements tended to be more intense than arguments about other topics, and with reports from the Rwanda Judiciary Report of 2022/2023 indicating a steady increase in the number of divorce cases; The rising question hovered around the need to levelling the field if or when love’s kryptonite was to happen.
As of 2022, the cases have risen from 21 divorce requests (in 2016) to 3,322.
The spectre of these reforms-presented and waiting for approval by the parliament— chiefly focuses on the gender aspect of the relationships, intently on the role and responsibilities of women.
The following are the suggested trades to reflect Rwanda’s dedication to social justice and inclusion.
Deterring Short Marriages
One of the primary aims of the proposed amendments is to discourage marriages entered solely for financial gain. The amendments ensure that marriages are based on genuine commitment and mutual respect rather than opportunism.
Property Rights Protection
To safeguard the rights of spouses, particularly women, the proposed changes require consent from both parties before the sale or donation of movable properties. This measure aims to prevent economic exploitation and ensure fair treatment within marriages.
Recognition of Unpaid Care Work
Acknowledging the significant contribution of unpaid care work, predominantly undertaken by women, the proposed amendments aim to value this labour through compensation. This move represents a step towards economic empowerment and gender equality within households.
Inclusive Marriage Vows
In a bid to promote inclusivity, the amendments facilitate marriage vows for prospective spouses with disabilities. This provision underscores Rwanda’s commitment to equal rights and opportunities for individuals with disabilities in all aspects of life.
Lowering the Marriage Age
Reflecting international standards and recommendations, the proposed bill lowers the age of marriage authorization from 21 to 18 years old. This change aligns with Rwanda’s efforts to protect the rights and autonomy of young adults while preventing early and forced marriages.
Privacy Protection
Ever watched people eye ardently prospective couples for choosing a prenup at the civil registrar? The new bill is set to prohibit the public announcements of matrimonial regimes. This measure aims to safeguard couples’ personal affairs and decision-making autonomy from undue scrutiny or interference.
Alternative Dispute Resolution
The bill empowers family councils to conciliate disputes between spouses instead of relying solely on judicial intervention. This approach fosters a sense of collective responsibility in resolving family conflicts.
Flexible Matrimonial Regimes
The proposed amendments allow spouses to choose matrimonial regimes different from the existing ones. This provision offers greater flexibility and autonomy for couples to tailor their marital arrangements according to their unique circumstances.
Challenging Gender Norms
As a symbolic gesture towards gender equality, the amendments eliminate the requirement for one spouse to hold the flag during marriage celebrations. This move challenges traditional gender roles and signifies a commitment to equality within marriages.
Strengthening Legal Protections
Finally, the proposed amendments require private wills to be notarized for authenticity. This measure ensures the validity and enforceability of individuals’ testamentary wishes, providing greater legal certainty and protection for their assets and beneficiaries.
The proposed amendments to the Family Bill are both a concern and a relief for couples and partners. The conversation of property rights, acknowledgement of care labour, and marital consent; are set to call forth thorough thinking and planning for newly-weds in analysing their financial goals and setbacks. But also looms a hanging fear: Can couples be open to the new world? Or better yet, can the Rwandan culture accept it?
The bill is yet to be passed by the parliament, but in a way, Rwanda is demonstrating the abstract need to plan ahead, even if it’s not what you want.
