The grounds for divorce are adultery, desertion for a period of up to three years prior to the divorce petition, and cruelty. The desertion requirement of three years may be dispensed with only if the petitioner can show extreme hardship and depravity.
How are marriages contracted in Sierra Leone?
UNDER APPLICABLE INTERNATIONAL LAW Article 10 of the International Covenant on Civil and Political Rights (ICCPR), which Sierra Leone ratified in 1996, provides that marriage should be entered into with the free and full consent of the intending spouses.
What are the three Gender Acts in Sierra Leone?
The three Gender Acts (GA) of 2007 are: 1) The Domestic Violence Act; 2) The Devolution of Estates Act; 3) The Registration of Customary Marriage and Divorce Act.
What does Civil mean in marriage?
What is a civil marriage? It is a marriage that can only be entered into between a man and a woman. A civil marriage will automatically be in community of property, unless an ante nuptial contract is entered into indicating that the marriage will be out of community of property, with or without the accrual system.
What is the meaning of customary marriage?
According to section 1 of the Act customary marriage means a marriage concluded in accordance with customary law, while customary law means the customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of the culture of those peoples.
What are the sources of Sierra Leone law?
The primary materials of Sierra Leonean law include the Constitution of Sierra Leone 1991, the Criminal Procedure Act 1965, The Offences Against the Persons Act 1816, The Larceny Act 1916, the Anti Corruption Act 2000, The Electoral Laws Act 2002, The Human Rights Commission of Sierra Leone Act 2004, etc.
Is polygamy legal in Sierra Leone?
Polygamy is prohibited under Sierra Leones penal code. Polygamy is authorized in customary marriages (under customary laws, the indigenous law of the various ethnic groups of Africa), where a man can take as many wives as he wishes.
What are the gender laws in Sierra Leone?
Sierra Leone operates under three sets of law: formal law, customary law and Muslim law. The three Gender Acts—the Domestic Violence Act, the Devolution of Estates Act and the Registration of Customary Marriage and Divorce Act—provide protection to women under all three types of law.
Awareness raising on relevant legislation involving gender based violence, support to access free legal counselling/representation, and access to medical care for the victims and survivors of gender-based violence are among the key activities.
What is the difference between civil marriage and customary marriage?
What is a Customary Marriage? There exist certain requirements that must be complied with in order to conclude a valid customary marriage; while a civil marriage is seen as a marriage concluded between 2 parties, and must be monogamous in order to be valid, customary marriages differ as polygamy is permissible.
Can you marry without divorce?
You cannot get married without getting a divorce order from the court. It is an offence under the Indian penal code to get married while one has got a spouse living. No matter even if the spouse agrees for that.
How do you nullify customary marriage?
“It says a customary marriage may only be dissolved by a court by decree of divorce on a ground of irretrievable breakdown of the marriage,” Xulu said. This meant customary marriages should be dissolved in the same way as civil marriages, despite there being no need to register the former with Home Affairs.
A customary marriage is deemed to be in community of property unless an antenuptial agreement is entered into before the marriage. According to the MPA, parties who wish to get married out of community of property must enter into an antenuptial contract prior to the civil marriage ceremony being concluded.
Which court is the highest court in Sierra Leone?
The Supreme Court The Supreme Court is the final Court of appeal in Sierra Leone and as such, appellate and other jurisdiction as may be conferred upon it by the Constitution or any other law.
How can a judge be removed in Sierra Leone?
The appointment of judges must be recommended by the Judicial and Legal Services Commission of Sierra Leone and approved by Parliament. Such removal can only be authorised by the President, upon the recommendation of a Special Tribunal and the subsequent approval by a two-thirds parliamentary majority.
How many wives can you have in Sierra Leone?
Polygamy is prohibited under Sierra Leones penal code. Polygamy is authorized in customary marriages (under customary laws, the indigenous law of the various ethnic groups of Africa), where a man can take as many wives as he wishes.
What is meant by gender?
Gender refers to the characteristics of women, men, girls and boys that are socially constructed. This includes norms, behaviours and roles associated with being a woman, man, girl or boy, as well as relationships with each other. As a social construct, gender varies from society to society and can change over time.
Which tribe is the most educated in Sierra Leone?
The Krio have traditionally dominated Sierra Leones judiciary and Freetowns elected city council. One of the first ethnic groups to become educated according to Western traditions, they have traditionally been appointed to positions in the civil service, beginning during the colonial years.
What happens if a customary marriage is not registered?
In any event s 4(9) of the Act provided that failure to register a customary marriage did not affect the validity of that marriage. In conclusion, the non-registration of a customary marriage does not affect the validity of such marriage, thus such marriage is not null and void.
What happens if your marriage is not registered?
The absence of registration of marriage does not render the marriage illegal. A marriage without registration is perfectly legal. Since you are married for all legal and practical purposes you can dissolve the marriage only through a decree of divorce passed by the competent court.