Gabon - Apply for a Divorce

ProcedureEdit

In Gabon, the Constitution ensures that men and women are equal before the law.

Obtain all necessary documents for the divorce.
Submit your application along with all other requirements.
Once the notice of the granting of the divorce is received, the parties may bring the endorsement of the divorce to the office where the marriage was registered.
Amicable divorce, both parties agree to divorce, go together to the registrar, sign and give their fingerprints, it's effective immediately, Husband cannot take his wife back without her consent, wife cannot remarry anyone else (other than original husband) for 3 months OR until she gives birth if she's pregnant, after that she's free to remarry whomever she pleases.
Divorce in Absentia, where the husband unilaterally divorces the wife.
Divorce can be revoked also unilaterally in this case without the wife's consent within the three months waiting period (unless it's this couple's third consecutive divorce).
People from Northern Gabon have a patriarcal system thus, if a woman divorces from a Fang man, the children are more likely to stay with the Man. In contrast, people from Southen Gabon as well as other parts mostly follow the matriarchal system. In case parents divorce children are to stay with their mothers. , Gabonese law requires that a child stays with their mother until he/ she is at least 6 years old.
Divorce is only permitted in the event of an act of transgression and any separation of husband and wife must be declared by the courts. If a woman leaves the marital home she is penalized for adultery. A man is only penalized in the event of leaving the marital home if he has knowledge that his wife is pregnant.
if your husband went on his own it's divorce this turns to be a divorce in absentia and if he can change his mind without the consent of the wife this will be done within 3 months (in some jurisdictions it's 4 months and 10 days, and if the wife is pregnant it is until she gives birth).
So in brief, wife cannot unilaterally divorce and it's quite difficult.
In the Christian divorce context it is even more complex and difficult since it can be sometimes impossible even if both parties agree to divorce the church can refuse to divorce the two parties but only on extreme point of Adultery.
In this case the law will apply.

Required DocumentsEdit

Affidavit or Declaration of Residency
Marriage Certificate
Identity Card (original and photocopy)
Application with signature recognized by the Notary
Certificate issued by the Court or priest.
Birth Certificate (spouse)

Office Locations & ContactsEdit

Ministry of Social Affairs, Family & Solidarity

Bote Postale 5684,

Libreville

Telephone :241 (1) 761-700

Ministry of Interior, Local Collectives

Bote Postale 2233,

Libreville

Telephone :+241 (1) 761-044

Fax :+241 (1) 760-098

EligibilityEdit

All citizens of Gabon above 18 years of age can petition for their marriage to be dissolved.

FeesEdit

fees charge is 30 CAF

ValidityEdit

Valid for ever.

Documents to UseEdit

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Sample DocumentsEdit

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Processing TimeEdit

It takes from 3 month to 1 year for the divorce to be effective but at times it reaches 3 years in complicated cases.

InstructionsEdit

The women who is divorced is entitled to some financial rights under certain conditions. Among these financial rights are:

Marriage financial support

if the divorced wife manages to file a lawsuit against her ex-husband claiming a one-year pre-divorce support.
if the divorced husband was not providing the divorced wife with financial assistance before the divorce.

The divorced wife can file a lawsuit against her ex-husband claiming what is called waiting period support estimated by the judge.

The divorced wife can file a lawsuit against her ex-husband claiming what is called compensation mot-alimony to be estimated on a monthly basis by the court or competent judge.

If the wife can be awarded custody of her children Children from the marriage who are under the age of five are automatically awarded to the mother under specific conditions as determined by the competent court. The divorced husband and wife can waive all or part of their rights, and can agree on joint custody of their children

Required InformationEdit

Marriage certificate
identification Documents like identity card.
Date of marriage
Religion
Office were marriage was registered.

Need for the DocumentEdit

Divorce is probably the one thing a married couple hopes to avoid. Whether you instigated the separation or not, divorce still will turn your life upside down, and leave many people wondering where to go next.

Divorce is a stressful time that, unfortunately, many people have to go through. It will not only affects you, but also your entire family.

Divorce is uncommon in Gabon but not unheard of.

The laws concerning a divorce in Gibon are many. There are community property laws, which is where all property must be split equally between a couple who is divorcing. Either spouse can file for a divorce, whether they are male or female. Children from the marriage who are under the age of five are automatically awarded to the mother.

Information which might helpEdit

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External LinksEdit

http://www.answers.com/mt/divorce-laws

http://www.gabon.alloexpat.com/gabon_information/ministries_ministry_gabon.php?page=0%2C1

http://www.everyculture.com/Cr-Ga/Gabon.html

OthersEdit

More information which might help people.