Divorce rates in Rwanda have seen a notable rise in recent years, with multiple factors contributing to this trend.

Adultery and gender-based violence are among the most common reasons cited by Rwandans when filing for divorce.

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What the numbers show

The Rwanda Judiciary Report of 2022/2023 indicates a steady increase in the number of divorce cases. In 2016, there were only 21 divorce requests, but this number rose to 69 in 2017 and skyrocketed to 1,311 in 2018.

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In 2019, 8,941 couples were granted divorce according to the National Institute of Statistics (NISR).

The number of requests for divorce increased by 3,213 in 2020 while the 2021-2022 Judicial Affairs Report recorded a total of 3,322 applications. The number is expected to continue rising in 2023, indicating a notable shift in society.

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Legal grounds for divorce

Article 218 of the 2016 law governing persons and family provides for grounds of divorce.

These are: adultery, desertion for a period of at least 12 consecutive months, a conviction for an offense severely tainting the honour, refusal to provide for household needs, abuse, or serious insults by one towards another, gender-based violence, de facto separation for a period of at least two years and non-cohabitation for more than 12 consecutive months from the day of marriage on unjustifiable grounds.

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Divorce cases in Rwanda are filed in primary courts but due to court backlogs, it can take around 15 months to receive a final decision. After the completion of the divorce process, couples need to apply for their divorce certificate or record using the online service offered by the online platform, Irembo. Additionally, they are required to present the stamped judgment to the Sector office where their marriage was registered for deregistration and a change of social status.

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According to Rwandan law, the statute of limitations for filing for divorce is five years from the date the grounds for divorce are discovered.

Gender dynamics, modernity, changing beliefs

Gender-based violence stands out as a prevalent and distressing reason for divorce in Rwanda, with women indicated as common victims.

Family practice lawyer, Clementine Gatabazi, said that about 80 per cent of divorce cases in the country are filed by women. Rather than seeing this as a negative trend, she views it positively, attributing it to an increased awareness of women&039;s rights.

"GBV [gender based violence] being the most common reason for divorce makes sense that many women are increasingly considering putting an end to such violence,” she said.

"This indicates a growing empowerment, willingness to seek justice, and commitment to personal well-being among Rwandan women.”

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Adultery is another common reason for divorce, even though, according to divorce attorney Innocent Muramira, it can be challenging to prove under Rwandan law.

"It's a noteworthy hurdle for individuals seeking divorce on grounds of infidelity. Nevertheless, the emotional impact of adultery often leads to irreparable damage within the marriage such as loss of trust, cruelty, abuse, which could be grounds for divorce on their own," he explained.

Where are prenuptial agreements?

Legal experts suggest that the rise in divorce can be attributed to modernity, a growing awareness of individual rights, and a departure from traditional beliefs that once discouraged divorce.

"Society no longer adheres to sayings like ‘Niko Zubakwa’ that tends to enforce the notion of remaining in unhappy marriages," Gatabazi said, adding that the shift towards valuing personal fulfilment and happiness has encouraged individuals to seek divorce as a means to escape unfulfilling relationships.

For a long-term solution, Muramira highlighted the need for the introduction of prenuptial agreements in Rwanda. A prenuptial agreement is a legal document signed by both spouses before marriage, defining their rights to property and support in the event of divorce or death.

Currently, such agreements are not available under Rwandan law.

Muramira believes that by implementing prenuptial agreements, individuals marrying for the wrong reasons would be deterred, potentially resulting in a decrease in divorce rates.