Family Law in Guinea-Bissau
Family law in Guinea-Bissau is primarily governed by the Civil Code of Guinea-Bissau, as well as other relevant family law statutes. The country's legal system has been influenced by its colonial past under Portuguese rule, and the legal framework addresses issues related to marriage, divorce, child custody, inheritance, domestic violence, and other family matters.
Here’s an overview of the key aspects of family law in Guinea-Bissau:
1. Marriage
Legal Requirements:
The legal minimum age for marriage is 18 for both men and women in Guinea-Bissau. However, individuals aged 16 or 17 may marry with the consent of their parents or guardians and approval from a court.
Marriage must be civilly registered to be legally recognized. While religious ceremonies are commonly performed, they are not legally binding unless the marriage is registered with the state.
Monogamy is the legal requirement in Guinea-Bissau, and polygamous marriages are not recognized under the law. However, traditional practices in some regions may allow polygamy, but these are not legally protected.
Same-Sex Marriage:
Same-sex marriage is not recognized in Guinea-Bissau. The country does not have laws allowing for the recognition of same-sex unions, and same-sex couples do not have the same legal rights as heterosexual couples.
2. Divorce
Grounds for Divorce:
Divorce in Guinea-Bissau can be granted on the grounds of the irretrievable breakdown of the marriage. There are no specific fault-based grounds for divorce, so the couple does not need to prove that one spouse is at fault to obtain a divorce.
Divorce can be obtained through mutual consent if both spouses agree, or by one spouse seeking a divorce if the marriage has broken down. In contested divorce cases, the court will review the circumstances to ensure that the marriage cannot be salvaged.
If a divorce involves the division of property or custody of children, the court will make decisions based on the principles of equity and the best interests of the children.
Property Division:
Guinea-Bissau follows the principle of equitable distribution in divorce cases. Property acquired during the marriage is generally divided fairly between the spouses, but not necessarily equally.
Separate property, such as assets owned before the marriage or inherited during the marriage, generally remains the property of the spouse who owns it.
3. Child Custody and Support
Custody:
Child custody decisions are made with the best interests of the child being the most important factor. The courts typically prefer to award joint custody to both parents, ensuring that both remain involved in the child's upbringing after a divorce or separation.
Sole custody may be granted to one parent if joint custody would be detrimental to the child's welfare or if one parent is deemed unfit to provide care.
The parent-child relationship is given priority, and the court will consider the child's age, emotional ties to each parent, and other relevant factors when making custody decisions.
Child Support:
Child support is mandatory for the non-custodial parent. The amount of child support is determined based on the needs of the child and the financial ability of the non-custodial parent.
Child support payments typically continue until the child reaches 18 years old, or until the child completes full-time education, whichever comes later.
The state may intervene to enforce child support payments if the non-custodial parent fails to comply with the court's order.
4. Domestic Violence and Protection Orders
Domestic Violence:
Domestic violence is recognized as a serious crime in Guinea-Bissau, and there are legal protections for victims.
Victims of domestic violence can seek a protection order or restraining order to prevent the abuser from contacting or approaching them. In some cases, the court can order the removal of the abusive spouse from the home.
Police intervention is allowed in cases of domestic violence, and perpetrators of violence may face criminal charges and legal penalties.
5. Inheritance
Intestate Succession:
If a person dies without a will, the estate is typically inherited by the spouse and children. The estate is divided among these family members according to a set order of priority established by the law.
If there is no spouse or children, the estate may be inherited by other relatives, such as parents, siblings, or extended family members.
Wills and Testaments:
Individuals have the right to create a will to specify how their estate should be distributed after their death. A valid will must meet legal formalities, such as being written and signed by the testator in the presence of witnesses.
Forced heirship rules may apply, meaning that close relatives (such as children or a spouse) have certain rights to a portion of the estate, even if the will specifies otherwise.
6. Adoption
Adoption:
Adoption in Guinea-Bissau is governed by the Family Code and is a legal process that can involve both domestic and international adoptions.
Adoptive parents must meet certain legal requirements, including being at least 25 years old and undergoing an evaluation to ensure they are fit to care for the child.
The child being adopted must be at least 3 years old and must consent to the adoption if they are old enough to understand the implications of the process.
The adopted child receives the same legal rights as a biological child, including inheritance rights.
7. Family Dispute Resolution
Mediation:
Mediation is encouraged as an alternative method to resolve family disputes, particularly in cases involving child custody, child support, and division of property.
Courts in Guinea-Bissau often encourage families to attempt mediation before resorting to litigation, as it is seen as a way to reduce conflict and preserve family relationships.
If mediation results in an agreement, the terms are formalized in a court order.
8. Same-Sex Relationships
Same-Sex Marriage:
Same-sex marriage is not legally recognized in Guinea-Bissau, and there are no legal provisions for recognizing same-sex unions.
Same-sex couples do not have the same legal rights as heterosexual couples, particularly in matters related to marriage, inheritance, adoption, or social security.
LGBT Rights:
LGBT rights in Guinea-Bissau are not well-established, and societal attitudes may be conservative. There is limited legal protection for LGBT individuals, and same-sex activity may be subject to social stigma or legal consequences.
9. Surrogacy
Surrogacy:
Commercial surrogacy is not regulated in Guinea-Bissau, and there are no specific legal provisions for gestational surrogacy.
Those interested in surrogacy would likely need to work through informal or international channels, as there is no well-established legal framework for surrogacy in the country.
RELATED Blog
0 comments