Divorce
A marriage ends by death or a declaration of absence, by a court order dissolving it for breach of an essential condition, or by divorce (art. 75). Divorce takes place either by mutual consent, where the spouses' agreement is accepted by the court, or on a petition by both or by one of them (arts 76, 77 and 81), and the causes and effects of dissolution are the same whatever the form of the marriage (art. 74). The spouses need not state any reason (arts 77(3) and 81(2)), and only a court can decide on divorce and its effects (art. 117). The Code is the federal law for Addis Ababa and Dire Dawa; the regional codes regulate divorce in their own regions.
Mutual consent. The spouses submit their written agreement, which must also settle the consequences of the divorce, to the court; spouses whose marriage lasted less than six months cannot use this route (art. 77). The court may talk to them separately or jointly to dissuade them, may dismiss them with a cooling period of not more than three months (art. 78), and they can re-apply within six months of the end of that period (art. 79). It approves the agreement only if it expresses their true intention and is not contrary to law and morality, and where the terms do not sufficiently protect the children or harm one spouse it may approve the divorce alone and correct the terms (art. 80).
Petition. After a petition by one or both spouses the court again speaks to them to persuade them to renounce it; if that fails or is likely to fail it may direct them to arbitrators of their own choice, or give a cooling period of up to three months, and where all efforts fail it must pronounce the divorce within one month of the arbitrators' report or the end of the cooling period (art. 82(1) to (4)). Spouses who choose arbitration give the court the names of the arbitrators within fifteen days and the court sets three months for a report, extendable by one month; arbitrators can only try to reconcile the spouses and have no power to decide, and if no report is filed the court closes the case unless a spouse asks to reopen it within one month (arts 118 to 122). From the filing of the petition the court makes orders on the spouses' maintenance, the children's custody and maintenance and the management of the property (art. 82(5)).
Consequences. When the divorce is pronounced the spouses are asked to agree the conditions; failing agreement the court decides them itself or through arbitrators or experts and may postpone judgment on them for up to six months (art. 83). Where the cause of the divorce is imputable to one spouse and justice so requires, the court may order that spouse to make good the other's damage (art. 84). Custody, education, health, maintenance and visiting rights are decided with the divorce, having regard to the spouses' income, age, health and living conditions and the children's age and interests, and can be revised later (art. 113). The court may sit in camera (art. 110) and, to protect the spouses' reputation, may state only that sufficient causes exist (art. 111); art. 112 excludes an appeal brought solely against the judgment that decides the divorce itself. Property is liquidated under arts 85 to 93, and a woman may not remarry before 180 days have passed unless an exception in art. 16(2) applies.
Registration and related criminal law. A divorcing spouse presents the court's decision to the officer of civil status within 30 days, the court gives each partner a copy of its decision and each receives a certificate of registration of divorce (Proclamation No. 760/2012, arts 18, 35, 37 and 47(3)). Adultery by a spouse in a union recognised under civil law is an offence only upon the other spouse's complaint, punishable by simple imprisonment or a fine (Criminal Code, art. 652(1)), and refusing without good cause to provide maintenance owed by law, even to a spouse who has sued for divorce, until the divorce is pronounced is punishable on complaint by a fine or up to six months' simple imprisonment (art. 658(a)). In the former SNNP region a 2017 comparison found differences from the federal Code on compensation on dissolution and on maintenance.
Key points
| Ground | None required; reasons may be stated (arts 77(3) and 81(2)) |
|---|---|
| Mutual consent | Written agreement settling the consequences; not available for a marriage under 6 months old (art. 77) |
| Cooling period | Up to 3 months (arts 78 and 82(3)); re-application within 6 months after it (art. 79) |
| Arbitration | Arbitrators chosen by the spouses, named within 15 days, report within 3 months, +1 month at most (arts 82, 119 and 120) |
| Judgment | Divorce pronounced within 1 month of the arbitrators' report or the end of the cooling period (art. 82(4)) |
| Conditions of divorce | Agreed by the spouses or decided by the court; judgment on them may be postponed up to 6 months (art. 83) |
| Interim orders | Maintenance, custody and property management from the filing of the petition (art. 82(5)) |
| Remarriage of a woman | Not before 180 days, with four exceptions (art. 16) |
| Registration of the divorce | Court decision presented to the officer of civil status within 30 days (Proclamation No. 760/2012, arts 18 and 35) |
In practice
- Choose the route: a joint application with a written agreement on all consequences if you have been married at least six months (art. 77), or a petition by one or both of you, in which you may state your reasons but need not (art. 81).
- Write into the agreement or petition what you propose on the children's custody, education and maintenance, on any maintenance between you and on the division of property; the court will approve the agreement only if it protects the children and neither spouse (art. 80).
- Expect the court to try conciliation: if it directs you to arbitrators, name them within 15 days, and make sure they report within three months (one more month can be granted) or the case is closed and you must ask within one month to reopen it (arts 119 to 122).
- Ask for interim orders from the day you file, on maintenance, custody and management of the property (art. 82(5)).
- When the judgment is given, take the court's decision to the officer of civil status within 30 days to register the divorce and collect the certificate (Proclamation No. 760/2012, arts 18, 35 and 47(3)).
Recent changes
The 2019 Mini Demographic and Health Survey found 6% of women aged 15 to 49 divorced or separated, from 4% of those aged 15 to 19 to 8% of those aged 45 to 49, and the World Bank's Women, Business and the Law 2024 reported that a woman can obtain a divorce in the same way as a man (art. 81) but has unequal remarriage rights because of the 180-day wait in art. 16(1).
Where to go
- The court, which pronounces the divorce, decides its conditions and custody, and approves the agreement of spouses divorcing by consent (arts 80, 83, 113 and 117).
- Arbitrators chosen by the spouses, whose only task is to reconcile them (arts 118 and 121).
- The officer of civil status at the administrative office nearest the court that granted the divorce, or where the divorcing partners live, for registration and the certificate (Proclamation No. 760/2012, arts 35 and 47; art. 36 as amended by Proclamation No. 1049/2017).
- For Muslims who have expressly consented, the Federal First Instance Court of Sharia in Addis Ababa or Dire Dawa (Proclamation No. 188/1999, arts 4 and 13).
Worth knowing
A woman who divorces still faces the 180-day wait of art. 16 before a new marriage, adultery remains an offence prosecutable on the other spouse's complaint (Criminal Code, art. 652), and art. 112 states that no appeal lies solely against the judgment deciding the divorce; the English text does not say in so many words how far the conditions of the divorce can be appealed, so a lawyer should confirm it.
Frequently asked questions
Do I need a reason to get a divorce in Ethiopia?
No. Spouses who divorce by consent need not give a reason (art. 77(3)), and a petition may state reasons but does not have to (art. 81(2)); the court tries to reconcile them and, if that fails, pronounces the divorce within one month of the end of arbitration or of the cooling period (art. 82).
Who decides about the children and the property?
The court: it orders interim maintenance, custody and management of property from the petition (art. 82(5)), then decides or approves the conditions of divorce (art. 83), custody and maintenance (art. 113) and the liquidation of property (arts 85 to 93), in which common property is divided equally (art. 90).
Is a divorce pronounced outside court valid?
Not under the Code: art. 117 reserves decisions on divorce and its effects to the court, and Muslims who have expressly consented can bring a divorce before a Federal Court of Sharia (Proclamation No. 188/1999, arts 4 and 5).
Sources
- Revised Family Code, Proclamation No. 213/2000, Federal Negarit Gazeta, Extraordinary Issue No. 1 of 4 July 2000 (English text hosted by FAOLEX) — arts 16, 74 to 84, 108 to 122 (dissolution, mutual consent, petition, arbitration, custody, courts' powers)
- Registration of Vital Events and National Identity Card Proclamation No. 760/2012, Federal Negarit Gazeta No. 58 of 22 August 2012 (English text, Citizenship Rights in Africa); the articles cited here are not among those changed by the amending Proclamation No. 1049/2017 of 7 August 2017, which rewrote Art. 36 (place of registration of a divorce) — arts 18, 34 to 37 and 47: registration of divorce, copy of judgment, certificate
- Registration of Vital Events and National Identity Card (Amendment) Proclamation No. 1049/2017, Federal Negarit Gazeta No. 74 of 7 August 2017 — art. 2(10): new Art. 36, place of registration of a divorce
- Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No. 414/2004, in force 9 May 2005 (English text on WIPO Lex) — arts 652 and 658: adultery and failure to maintain
- Federal Courts of Sharia Consolidation Proclamation No. 188/1999, Federal Negarit Gazeta, 6th year No. 10, 7 December 1999 (scan hosted by metaappz.com) — arts 4, 5 and 13: divorce before the Federal Courts of Sharia
- World Bank, Women, Business and the Law 2024 -- Ethiopia country data (main business city: Addis Ababa) — marriage indicator: art. 81 (divorce), art. 16(1) (remarriage), art. 119 (fast-track), no specialised family courts or legal aid
- Ethiopia Mini Demographic and Health Survey 2019, Final Report (Ethiopian Public Health Institute and ICF, 2021) — chapter 3: divorced or separated women (2019)
- Nigussie Afesha, "Comment: Major Differences between the Revised Federal and SNNP Regional State Family Codes", Mizan Law Review 11(2), 2017, pp. 410-423 — differences between the federal and SNNP codes on compensation and maintenance (2017)