Rwanda’s family law of July 2024 determines that unpaid care work should be considered during divorce proceedings. The law allows courts to consider the value of tasks like childcare, cooking, and household management when dividing marital property. Although the law has been welcomed as a step forward towards the recognition of unpaid care work, advocates and experts point to challenges in measuring unpaid work and applying the law in a fair manner. ALSO READ: Addressing unpaid care work is Rwanda’s unfinished business The law determines that during divorce proceedings a spouse who contributed to the union through unpaid care work should get 10-39 per cent of the couple’s shared property, after deducting any debts incurred during marriage. However, Marie-Louise Mukashema, a lawyer, highlighted critical challenges, emphasising the lack of a standardized framework. “With no national basic salary in Rwanda, courts may lack a benchmark for valuing unpaid care work. Without clear guidelines or a baseline salary, how can judges fairly determine the percentage? The current approach risks inconsistent outcomes,” said Mukashema. ALSO READ: MPs raise concerns on compensation for unpaid care work during divorce “The 10-39 per cent range gives judges broad latitude, raising concerns about discrepancies. The flexibility could lead to unfair rulings, corruption, or public mistrust.” Mukashema pointed to the possibility of disputes and appeals due to the lack of clear standards for measuring unpaid care work. “The broad discretion granted to judges, coupled with the lack of standardized valuation tools, could diminish trust in the judiciary and lead to widespread dissatisfaction with the outcomes. A consistent framework would enhance fairness and reduce the potential for corruption,” said Mukashema. Mukashema also said that the law could create room for prolonged divorce proceedings as parties contest percentages assigned by judges. “One of the causes of delays in divorce process is disagreements over resource ownership and how assets are divided. This is likely to lead to an increase in appeals as people dispute the percentages allocated to each spouse,” she said. ALSO READ: Domestic labour should be redistributed, compensated For Jean-Claude Hakizimana, who is currently going through a divorce, the lack of clear guidelines has made the process “even more stressful.” “It’s not that I don’t recognise my partner’s contributions, but without a standard way to calculate unpaid care work, it feels like the outcome depends more on the judge’s opinion than on fairness. to some extent I feel like I’m losing a lot,” he said. “However, it Is a good law because it acknowledges the efforts of spouses who supported the family in non-financial ways, which was often ignored before. It just needs clearer implementation to make it fair for everyone.” ALSO READ: Unpaid care work to be valued in divorce settlement cases Angelique Mujawayezu, a family lawyer at the non-profit Haguruka, also highlighted potential areas of concern in the law. “While we strongly support the existence of this law, we are also concerned about the lack of clarity in how judges will determine the percentage to be awarded. The duration of the marriage should be a critical factor, and it is essential to understand how this will be considered in the final decision, which is not identified by the law,” said Mujawayezu. Mujawayezu also raised concerns regarding the applicability of the percentage to different types of property, whether movable or immovable which is not explained by the law. “We also question whether property valuations will be necessary in divorce settlements to determine the percentage. This process could add an extra financial burden to those already navigating a complex legal situation,” she said. Mujawayezu noted that despite its positive intent, the law could lead to unintended consequences in its application, particularly for individuals who may struggle with the financial costs of the divorce process.” Despite these concerns, advocates highlight the provision as a step toward equity in divorce settlements. “Before the new law, if one partner claimed the other did not contribute economically or did not have a job, that spouse often left with nothing, even after a long-lasting marriage. This law recognizes unpaid care work as critical to the success of a marriage and addresses the injustice done to a spouse, whose household support was previously overlooked,” said Mukashema.
