Mali - Dissolution of Marriage (Divorce)

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Procedure

In Mali, the judicial dissolution of a marriage is obtained by divorce which can be pronounced either by mutual consent, or by termination of the common life, or for fault.

Divorce by mutual consent:
When the spouses jointly file for divorce, they do not have to make the cause known ,They only have to meet the conditions as outlined below and submit the supporting documents {as listed under required documents section below} to the civil court for the judge’s ruling.
Conditions to meet are as follows;

• The applicants {spouses} should be aware that no request for divorce by mutual consent can be presented within the first six months of the marriage or when one of the spouses is placed under one of the incompetent protection regimes.
• The spouses freely regulate the conditions and consequences of the termination of the marital bond on the condition that they are not contrary to public order, morality and the interests of the child.
• The consent of the spouses must emanate from a free will and free from vice.
• For Formal conditions the request is made in writing to the civil court of the common domicile or that of one of the spouses, either by the spouses in person or by their respective councils or by a council chosen by mutual agreement.
  

Divorce by breakdown of cohabitation:
A spouse can request for a divorce on the grounds of a prolonged break in their cohabitation to the civil court or to the head of the administrative district who forwards it to the competent court for the court proceedings, in the following event as listed below

• When they have lived in de facto separation for three years or if one of the spouses is unable to meet their marital obligations.
• when the mental faculties of the spouse are at the same time so seriously impaired that no community of common life remains between the spouses and cannot be reconstituted in the future according to the most reasonable forecasts.
• However, if the other spouse establishes that the divorce will have for him, taking into account his age and the duration of the marriage for the children material and moral consequences of extreme hardness, the judge rejects the request.
  

Divorce by fault
A spouse can request for a divorce by fault by submitting the supporting documents {as listed under required documents section below} to the civil court or to the head of the administrative district who forwards it to the competent court for the court proceedings . Upon receiving the request the court clerk indicates the day, the hour and the place at which the attempt at conciliation will be carried out, where both spouse should be present.
The applicant {spouse} can only file for divorce by fault under the following circumstance as listed below;

• Adultery of the other
• Excess, abuse and serious insults on the other making marital life impossible.
• Conviction of the other to an afflicting and infamous sentence
• Inveterate alcoholism or drug addiction
• Failure to comply with a substantial commitment.
• The wife can also ask for a divorce when the husband refuses to provide for basic needs (food, housing, clothing and medical care).
  

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Required Documents

Divorce by mutual consent

• An extract from the marriage certificate
• A written request to the judge or to the head of the administrative district who forwards it to the competent court.
• Extracts of birth certificates for minor children {if applicable}
• A marriage agreement if one exists
• An inventory of all movable and immovable property
• A written agreement regulating the custody, education and maintenance of children, the fate of assets liquidating the community if necessary.
  

Office Locations & Contacts

Ministry of Justice Keeper of the Seals
Address: Cité administrative - Building n ° 12 - 3rd floor Mali
BP 97 Bamako, MALI
Telephone: (+223) 20015911/20236898/20226756
Website: Link

Eligibility

When one of the spouses or jointly both decide to end their marriage union.

Fees

A deposit of 20,000 FCFA paid to the registry of the Court

Validity

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e.g. Birth Certificate Valid Forever

Documents to Use

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Sample Documents

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Processing Time

Processing time depends on the complexity of the case

Related Videos

Videos explaining the procedure or to fill the applications.
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Instructions

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e.g. The state office holds birth records since january 1908.

Required Information

• Full names of both the spouse
• Identification documents details
• Reasons for dissolution of the marriage
• State how many minor children do you have
• Marriage certificate/ A marriage agreement details
• An inventory of all movable and immovable property
• Declaration by the applicant
  

Need for the Document

A dissolution of marriage is a legal term for a divorce. It happens when two people have been legally married, and one or both of them goes through the court process to have the marriage ended.

Information which might help

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Other uses of the Document/Certificate

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e.g. Birth Certificate can be used as proof of identity.

External Links

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• Link
  

Others

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