Family-related disputes, particularly divorces, continue to dominate the court docket, followed by cases involving immovable property, breach of agreements, and civil registry documents. Specifically, courts recorded 2,674 divorce cases, 2,259 cases concerning immovable property, 1,176 breach-of-agreement cases, and 1,059 cases related to civil registry documentation.
Supreme Court President Domitille Mukantaganzwa emphasised that this year, the Judiciary will prioritise dispute resolution outside of court, particularly through mediation.
She stated: 'In this judicial year, the Judiciary will intensify efforts to encourage parties to resolve disputes amicably, particularly in family, labour, administrative, and commercial cases, using mediation.'
For criminal cases, the focus will be on victim-offender mediation and plea bargaining, which allows for agreements based on admission of guilt.
Historical trends show a sharp increase in divorce filings over the past decade. In 2016, only 21 cases were registered; this rose to 69 in 2017 and 1,311 in 2018. In 2019, 8,941 families were granted divorces, while in 2020, courts received 3,213 cases. The 2021-2022 judicial activity report recorded 3,322 cases, followed by 3,075 the next year. Although recent figures suggest a slight decline, divorce rates remain high.
Legal Framework and Reforms
The recently revised Law Governing Persons and Family identifies rising divorce rates as a key concern. Property-sharing agreements have often influenced divorces, with many couples agreeing to a 50/50 split of assets if separation occurs.
Article 156 provides that if the common property regime is dissolved due to divorce, and spouses have been married for less than five years, a judge may order an unequal division of property and debts. The law states:
'When the common property regime is dissolved due to cohabitation issues or changes in property management, spouses shall divide property and debts equally or as mutually agreed. However, if requested by a spouse married for less than five years, the court may order a division proportionate to each party's contribution.'
The law also allows the court to consider property destroyed or debts incurred by a spouse, whether before or during the marriage, if not disclosed to the other spouse.
Grounds for divorce include adultery, conviction of a serious crime, refusal to provide household necessities, physical or psychological abuse, egregious misconduct, disputes over children, or other intolerable reasons. It also allows either spouse to seek divorce if cohabitation becomes impossible for any other valid reason.
IGIHE
Source : https://en.igihe.com/news/article/over-2-600-families-filed-for-divorce-in-2024-2025-judiciary
