Family Law in Mozambique
Mozambique's family law is primarily governed by the Family Law (Law No. 10/2004), enacted in 2004, which defines family relationships and establishes certain rights within the family unit.
Key Provisions:
Definition of Marriage: Marriage is defined as a voluntary union between a man and a woman, requiring mutual consent. Coerced marriages are subject to annulment.
Minimum Age for Marriage: The law sets the minimum age for marriage at 18 for both males and females, with exceptions permitted under specific circumstances.
Gender Equality: The law prohibits various forms of discrimination against women, including those related to polygamy, inheritance, age at marriage, and choice of children. Both husband and wife have equal rights to represent the family, manage finances, and pursue employment.
Polygamy: While Mozambique does not legally recognize polygamous unions, the practice is not explicitly prohibited and remains relatively common. As of 2019, nearly 20% of married women aged 15–49 were in polygynous unions.
Divorce and Dissolution of Marriage: The law outlines provisions for divorce, emphasizing the protection of children's rights and the equitable distribution of property.
Child Protection: Mozambique has enacted comprehensive statutes to protect children's rights, safeguarding them from harmful traditional practices and ensuring their welfare within the family structure.
In 2019, Mozambique further advanced family law by passing the Family Code (Law No. 22/2019), which recognizes customary or traditional marriages and allows widows to inherit land and property. This code also raised the minimum age for marriage for girls to 18, aiming to encourage higher secondary education enrollment among females. Additionally, it grants women the right to seek divorce in cases of domestic violence or infidelity and to establish prenuptial agreements.
These legislative developments underscore Mozambique's commitment to promoting gender equality and protecting the rights of individuals within the family context.
RELATED Blog
0 comments