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Separation vs Divorce in Rwanda

Separation vs Divorce in Rwanda

Couples may choose to separate rather than divorce for a variety of reasons, such as religious or cultural beliefs, financial concerns, or personal preferences.

During a separation, couples may live apart, but they are still legally married, and continue to share  responsibilities, such as financial obligations and parenting responsibilities.

There are two types of separation: trial separation and legal separation.

A trial separation is an informal arrangement where a couple agrees to live separately for a period of time to evaluate their relationship and decide if they want to reconcile or divorce.

Legal separation, on the other hand, is a formal legal process where a couple divides assets and debts and agrees on child custody and support payments.

Legal separation requires a court order, which outlines the terms of the separation, including financial support, child custody, and visitation arrangements. The terms of a legal separation are legally binding and enforceable by law.

Whereas divorce is a legal process that formally ends a marriage or domestic partnership.

-A divorce may be initiated by either spouse or partner, and it involves several steps :

-Filing a claim for divorce,

-Serving the other party with the divorce papers,

-Attending court sessions (conciliation, pretrial hearing & hearing in merit) before final verdict is rendered by Judge.

Divorce laws in Rwanda

Divorce laws require that one party must allege that the marriage or domestic  has irretrievably broken down or that there are irreconcilable differences between the parties.

Couples may request court to order one parties to live separately for a certain period of time before they can file for divorce.

The terms of the divorce settlement, including division of assets and debts, child custody and support, and spousal support, are legally binding and enforceable by law

Divorce is  emotionally and financially challenging, when there are children involved.

It is important to seek legal advice from divorce lawyer or family lawyer.


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