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Burundi - Apply for a Divorce

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Contents

Introduction

A divorce procedure is never easy to go through, but it is possible to end a marriage amicably with little or no difficulty at all. However, this is not the case in many incidents.

Divorce lawyers are usually the only ones that truly win in a long drawn out divorce proceeding, which tends to be extremely overwhelming for both the parties involved psychologically and as well financially.

Issues arising out of marriage tend to be complex and the divorce procedure itself tends to be very overwhelming for most of the people


To get a copy of a divorce certificate, you should contact the agency handling your vital records.


Eligibility

In order to file or register a divorce in Burundi, you must meet two residency requirements.Married couples that wish to annul their marriages

  • You or your spouse must have been domiciled or physically present in the Country for at least six months prior to the filing date. This requirement applies also if you serve in the military or are a legal resident of another state or country.
  • You must have been domiciled or physically present in your Judicial Circuit for at least three months.


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Instructions

  • Either spouse may apply for divorce on grounds of breakdown, but no decree of divorce can be granted unless court is convinced of irreparable breakdown
  • No person shall, without the prior leave of the court, petition for divorce before the expiry of two years from the date of the marriage which it is sought to dissolve.
  • Leave shall not be granted to petition for divorce within two years of the marriage except where it is shown that exceptional hardship is being suffered by the person applying for such leave.
  • An application for divorce may be made to the court either before or after reference to a Marriage Conciliation Board.
  • No person shall petition for divorce unless he or she has first referred the matrimonial dispute or matter to a Board and the Board has certified that it has failed to reconcile the parties.

Required Information

  • Name of both spouses
  • Age of both spouses
  • Nationality
  • Date of celebration and registration of marriage
  • Contacts
  • Address
  • Profession of both spouses

Procedure

  • Legally, the divorce process starts after you sign and submit two forms - "Complaint for Divorce" and "Matrimonial Action Information" -- which you can pick up at the Family matters desk.
  • The party seeking divorce must first apply to Marriage Conciliatory Board which must certify failure to reconcile parties before divorce suit can be initiated;
  • After you file the Complaint for Divorce, you will be assigned a date to attend
  • Your divorce will be granted only if you and your spouse agree on all the following points.
    • Assets and Debts Division,
    • Alimony,
    • Custody and Visitation.
    • Child Support,

The two of you can remain calm, resolve all issues by yourselves, and fill out and file the related forms in court. Otherwise, you have two options.

You can fight it out using attorneys who represent you and negotiate on your behalf. Or you can negotiate your divorce agreement with amongst your self or with the assistance of professional mediator.

Keep in mind, though, that when it comes to issues related to children - Family Courts tend to favor mediation over litigation. Why? because they are aware of how painful it is for children to watch their dad and mom fighting over them.

The divorce process ends after a Court judge reviews your Divorce Agreement, and signs your Divorce Decree.

After some few weeks a Divorce certificate, may be obtained by written request addressed to the Clerk of the Lower Court (Greffier du Tribunal de lere Instance) in the town in which the judgment was rendered.

Available. Issued by the Officer of Vital Statistics (Officier de l'Etat Civil) of the town of the applicant's last residence in Burundi.

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Required Documents

  • You'll need to provide identification document
  • Driver's license or passport,
  • your address,
  • Utility bills
  • letters from a government agency.
  • Proof of payment.
  • While either of the spouses can obtain copies of divorce papers.
  • A Copy of Marriage Certificate.
  • Proof of payment of fee for Certificate of Divorce


Fees

Divorce certificate costs 10,000 Burundi Franch CFA.

Validity

A divorce certificate is valid for as long as the two parties remain divorced.

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

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Processing Time

It takes between 7 to 30 working days to process a divorce certificate in Burundi.

Office Locations & Contacts

Minister of Justice office:

Avenue de justie 21, Bujumbura, Burundi. BP 06

Tel: +257 7899 8888

Fax: +257 78 99 7777

Email: justiceminister@burundi.bi

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Video

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M". 
	

Information which might help

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Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

http://travel.state.gov/content/visas/english/fees/reciprocity-by-country/BY.html

http://www1.umn.edu/humanrts/iwraw/burundi.htm

http://maxauburundi.blogspot.com/2010/02/getting-married-in-burundi.html

Others

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