Getting married at 18: What are “reasonable grounds” in proposed legislation?
Tuesday, March 19, 2024
A bride and groom during a wedding ceremony. On Monday, the parliament approved the basis of a government bill, which, if fully ratified, will permit Rwandans aged 18 to get married legally. Sam Ngendahimana

On Monday, the parliament approved the basis of a government bill, which, if fully ratified, will permit Rwandans aged 18 to get married legally, provided they apply for it from a competent authority and present reasonable grounds for their request.

Primarily, the bill aims to harmonise two pieces of legislation; one pertaining to persons and family, and the other governing matrimonial regimes, donations, and successions. Having passed preliminary approval, the bill will now proceed to the relevant standing committee of the parliament for further scrutiny.

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Specifically regarding the reduction of the marital age from 21 to 18 under certain circumstances, the explanatory note of the bill states that a person of the age of majority "but who has not yet attained marriageable age, may apply for reasonable grounds.”

During the parliamentary session where the bill was introduced by Valentine Uwamariya, the Minister for Gender and Family Promotion, she was asked to explain the reasonable grounds under which Rwandans can seek legal marriage at 18.

In her response, she noted that while such reasons are to be identified by the relevant parliamentary standing committee, there have been instances where 18-year-olds have applied for legal marriage due to circumstances such as pregnancy or employment responsibilities that necessitate marriage.

"I think we have seen examples where some people failed to secure certain jobs and missed out on opportunities and responsibilities because they were not married,” she said.

However, she noted that the implementation of such legislation will be approached cautiously to prevent negative impacts, such as hindering young Rwandans from completing their education.

"In our country, we prioritise education and don’t want this to impede our children’s studies,” she emphasised.

Under Rwanda’s current legislation, the legal age for marriage is 21, while the age of majority is 18. This implies that any person who has reached the age of majority can enter contracts, exercise the right to sue and be sued and be legally accountable if they commit a crime, as they are no longer considered children but adults.

Meanwhile, if the proposed legislation is fully approved, the national flag may no longer be used by couples exchanging marriage vows.

"Marriage vows between spouses represent a commitment to love and care for each other. Holding the flag does not necessarily signify adherence to those vows, as divorces occur even within the first year," reads a portion of the proposed amendments.

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The amendments suggest that the Civil Registrar be the sole holder of the flag as a representation of the authority who has observed all requirements for the celebration of the marriage.