Marriage
Under the federal Revised Family Code a marriage needs the free and full consent of two spouses aged 18 or more (arts 6 and 7(1)), notice to the civil-status officer at least one month ahead for a civil wedding (art. 23) and registration within 30 days (Proclamation No. 760/2012, art. 18(1)); only the Minister of Justice can grant a dispensation from the age, of at most two years (art. 7(2)).
| Governing text | Revised Family Code, Proclamation No. 213/2000 (Addis Ababa, Dire Dawa); each region has its own code |
|---|---|
| Forms of marriage | Civil, religious or customary, all subject to the same essential conditions (arts 1 to 4, 26 and 27) |
| Minimum age | 18 for both sexes; Minister of Justice dispensation of at most 2 years for serious cause (art. 7) |
Full detail: Marriage
Partnerships and cohabitation
Chapter Seven of the Revised Family Code defines the irregular union as the state of fact created when a man and a woman live together as husband and wife without having concluded a valid marriage (art. 98). Their behaviour must be analogous to that of married people, although they need not present themselves to third parties as married; sexual relations alone, even repeated and notorious, are not enough (art. 99). Relations outside both marriage and an irregular union produce no legal effect between the partners (art. 107(1)).
The union gives rise to duties and rights during its life: the partners contribute to common expenses in proportion to their means (art. 101), they are jointly and severally liable for debts incurred for their own maintenance or that of their children (art. 102(3)), and the property they hold while living together is presumed to have been acquired during the union (art. 102(2)). No bond of affinity arises with each other's relatives, but the marriage impediments based on affinity still apply (art. 100).
Community of property exists only if the relation has lasted at least three years, and then administration, payment of debts and liquidation follow the rules for spouses in arts 85 to 93 (arts 102(1) and 103). Either partner may put an end to the union at any time and owes no damages unless at fault, without prejudice to the community of property (art. 105). The union is proved by the possession of status, which means that the partners behave as a married couple and their families and the community regard them as one; a court presumes the union on that proof, and any reliable evidence can rebut it (art. 106). Only a court can decide whether an irregular union has been established (art. 116).
Children born of the union are not left out: their filiation is established under the Code's chapter on filiation (art. 104), but children born out of wedlock have a legal bond with their mother only, subject to acknowledgement of paternity or adoption (art. 107(2)). The Criminal Code punishes, upon complaint and with a fine or up to six months' simple imprisonment, a person who without good cause fails to meet financial obligations owed under law or formal undertaking to a partner of an irregular union or to a woman he made pregnant out of wedlock (art. 658(b)), and applies its provisions on bodily injury to violence against a person cohabiting in an irregular union (art. 564).
Key points
| Registered partnership | None provided for in the Revised Family Code, which regulates marriage and the irregular union only |
|---|---|
| Irregular union | Man and woman living together as husband and wife without a valid marriage (art. 98) |
| Minimum duration for community of property | 3 years (art. 102(1)) |
| Liquidation | Same rules as for spouses, arts 85 to 93 (art. 103) |
| Common expenses | Shared in proportion to means (art. 101) |
| Ending the union | At any time by either partner; no damages unless at fault (art. 105) |
| Proof | Possession of the status of persons living in an irregular union; rebuttable presumption (art. 106) |
| Competent authority | Only a court may decide whether a union exists (art. 116) |
| Child born out of wedlock | Legal bond with the mother only, unless paternity is acknowledged or established (art. 107(2)) |
In practice
- Gather proof of the two things art. 106 looks at: that you behaved as a married couple, such as a shared lease, a joint household and a shared account, and that your families and community regarded you as one.
- Count the period carefully: only a relation of at least three years creates common property (art. 102(1)), and property you hold while living together is presumed acquired during the relation (art. 102(2)).
- Ask the court to declare the union and then to liquidate it under arts 85 to 93, as only a court can decide that a union exists (art. 116).
- Have paternity acknowledged or established for each child, because without it the child has a legal bond with the mother only (art. 107(2)).
Recent changes
The 2019 Mini Demographic and Health Survey separates the two situations: of women aged 15 to 49, 64.6% were married and only 1.4% were living together with a man without being married, a share that peaked at 1.8% among women in their twenties (Table 3.4).
Where to go
- The court, which alone decides whether an irregular union exists and then liquidates the property (arts 103 and 116).
- The police or prosecutor, by complaint under art. 658 of the Criminal Code, for failure to meet financial obligations towards a partner or a woman made pregnant out of wedlock.
Worth knowing
Article 102(1) makes property common only for a union that lasted at least three years, and the Code lets a partner leave at any time without damages unless at fault (art. 105), so a shorter union leaves no automatic share in the partner's property.
Frequently asked questions
Does living together make a couple married in Ethiopia?
No. A couple living as husband and wife without a valid marriage is in an irregular union (art. 98); it has its own limited effects, notably common property after three years (art. 102(1)), and only a court can decide that it exists (art. 116).
What happens to the property when an irregular union ends?
If the union lasted at least three years, property acquired during it is common and is liquidated under arts 85 to 93, which provide for equal division of common property unless the partners agreed otherwise (arts 90 and 103); each partner also takes back personal property in kind (art. 86).
Can a partner leave an irregular union without paying compensation?
Yes, either partner may end it at any time and owes damages only if at fault, but the rules on common property still apply (art. 105).
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 98 to 107 (irregular union), 85 to 93 (liquidation), 114 and 116
- Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No. 414/2004, in force 9 May 2005 (English text on WIPO Lex) — arts 564 and 658
- Ethiopia Mini Demographic and Health Survey 2019, Final Report (Ethiopian Public Health Institute and ICF, 2021) — Table 3.4: women married (64.6%) and living together (1.4%), by age (2019)
The general article: Partnerships and cohabitation · Compare with another country
Same-sex marriage
The Constitution gives 'men and women' who have reached marriageable age the right to marry and found a family (art. 34(1)), and the Revised Family Code speaks throughout of a man and a woman: a civil marriage is concluded when 'a man and a woman' appear before the officer of civil status, and religious and customary marriage are defined the same way (arts 2 to 4). The Code contains no provision on partnerships between persons of the same sex. The Criminal Code, in force since 9 May 2005, punishes whoever performs with another person of the same sex 'a homosexual act, or any other indecent act' with simple imprisonment (art. 629).
Simple imprisonment is the lighter of the Code's two custodial sentences and runs in the ordinary case from ten days to three years (art. 106(1)). Article 630 raises the penalty where the act is obtained by exploiting another person's distress or authority over him, to a minimum of one year, and to rigorous imprisonment of three to fifteen years where violence, intimidation or fraud is used; article 631 sets separate, heavier penalties where the other person is a minor. Article 629 itself sets no condition that the act be public or committed upon complaint.
A marriage celebrated abroad under the law of the place is valid in Ethiopia only if it does not contravene public morals (Revised Family Code, art. 5), and every provision that defines marriage speaks of a man and a woman. No provision or court decision recognising a same-sex marriage was found in the sources opened for this page. Article 13(3)(d) of the Code also treats an error about a spouse who habitually has relations with persons of the same sex as a fundamental error, so that the other spouse can ask a court to dissolve the marriage within six months of discovering it and in any case within two years of the wedding (arts 13(3)(d) and 36).
Key points
| Marriage | Man and woman only (Constitution, art. 34(1); Revised Family Code, arts 2 to 4) |
|---|---|
| Registered partnership | None provided for in the Revised Family Code |
| Same-sex act, ordinary case | Simple imprisonment, ten days to three years (Criminal Code, arts 629 and 106(1)) |
| Aggravated by abuse of distress or authority | Simple imprisonment of at least one year; rigorous imprisonment up to ten years in grave cases (art. 630(1)) |
| Aggravated by violence or fraud | Rigorous imprisonment of three to fifteen years (art. 630(2)) |
| Where the other person is a minor | Separate heavier penalties (art. 631) |
| Marriage celebrated abroad | Valid in Ethiopia only if the law of the place was followed and public morals are not contravened (Family Code, art. 5) |
| Error about a spouse's same-sex conduct | Fundamental error; dissolution within six months of discovery, two years at most (Family Code, arts 13(3)(d) and 36) |
Worth knowing
The text of article 629 is general and the sources opened for this page contain no court decision applying it; the penalty range quoted here comes from the 2005 text of the Criminal Code, and amendments adopted since were not checked.
Frequently asked questions
Can two men or two women marry in Ethiopia?
No. The Constitution protects the right of 'men and women' to marry (art. 34(1)) and the Revised Family Code defines each form of marriage, civil, religious and customary, as taking place between a man and a woman (arts 2 to 4); there is no registered partnership for same-sex couples.
Would a same-sex marriage concluded abroad be recognised?
Article 5 of the Revised Family Code validates a marriage celebrated abroad according to the law of the place only if it does not contravene public morals, and the Code's definition of marriage is limited to a man and a woman; no provision or ruling recognising such a marriage was found.
What does the Criminal Code say?
Article 629 provides simple imprisonment for performing with another person of the same sex a homosexual act or any other indecent act, which under art. 106(1) runs from ten days to three years, with heavier penalties in art. 630 where distress, authority, violence or fraud is involved and in art. 631 where the other person is a minor.
Sources
- Constitution of the Federal Democratic Republic of Ethiopia, 1995 (English text, Constitute Project) — art. 34(1): right of men and women to marry and found a family
- Revised Family Code, Proclamation No. 213/2000, Federal Negarit Gazeta, Extraordinary Issue No. 1 of 4 July 2000 (English text hosted by FAOLEX) — arts 2 to 5, 13 and 36
- Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No. 414/2004, in force 9 May 2005 (English text on WIPO Lex) — arts 106, 629, 630 and 631 (text in force from 9 May 2005)
The general article: Same-sex marriage · Compare with another country
Religious ceremony
Article 1(2) of the Revised Family Code lets a marriage be concluded in accordance with the religion or custom of the future spouses, and art. 3 treats a religious marriage as taking place when a man and a woman have performed the acts or rites that their religion, or the religion of one of them, deems to make a valid marriage. The formalities are those of the religion concerned, but the Code's essential conditions must be respected (art. 26), and a religious marriage has the same legal effects as a civil one (art. 40). The Constitution allows personal and family disputes to be adjudicated under religious or customary law 'with the consent of the parties to the dispute' (art. 34(5)) and lets the federal and state legislatures recognise religious and customary courts (art. 78(5)).
The Federal Courts of Sharia Consolidation Proclamation No. 188/1999 of 7 December 1999 set up a Federal First Instance Court, a Federal High Court and a Federal Supreme Court of Sharia (art. 3). They hear questions of marriage, divorce, maintenance, guardianship of minors and family relationships where the marriage was concluded, or the parties have consented to be judged, under Islamic law, and questions of wakf, gift (hiba) and succession by will where the donor or the deceased was a Muslim (art. 4(1)); in every case jurisdiction exists only where the parties have expressly consented (art. 4(2)).
Consent is tested at the outset: the court summons the other party to confirm, on a form annexed to the Proclamation, whether he or she consents (art. 5(1)); a party properly summoned who does not appear is presumed not to object and the case is heard in his or her absence (art. 5(2)); without clear consent the case is transferred to the regular federal court (art. 5(3)); and once consent has been given, the case may never be transferred to a regular court, nor may a regular-court case be moved to a Sharia court (art. 5(4)). The courts apply Islamic law and the civil procedure laws in force (art. 6).
The federal courts sit in Addis Ababa and Dire Dawa; the First Instance Court has a single Kadi per division and hears claims up to Birr 200,000 or not expressible in money, while the High Court, with a presiding Kadi and two others, takes larger claims at first instance and appeals from the First Instance Court (arts 9, 10 and 13). Amharic is the working language and an interpreter must be provided to a party who does not understand it (art. 14). A Kadi must be over 25, trained in Islamic law or experienced in it, and is appointed by the Federal Judicial Administration Commission after recruitment by the Supreme Council for Islamic Affairs (arts 16 and 17). Regional states have their own arrangements: a 2019 commentary says several recognise Sharia courts officially while others only repeat the constitutional clause.
Polygamy is where regimes diverge. The federal Code forbids anyone bound by an earlier marriage to marry (art. 11), the Criminal Code punishes bigamy with simple imprisonment or, in grave cases, rigorous imprisonment of up to five years (art. 650), yet article 651 excepts bigamy 'committed in conformity with religious or traditional practices recognized by law'. Among the regional codes, the Oromia Family Code (art. 30) prohibits bigamy without exception while the Harari code (Proclamation No. 80/2008, art. 11(2)) expressly recognises an exceptional bigamous marriage where there is a religious justification. On how property is shared out between the wives of a bigamous husband, a 2019 article records that Oromia courts have oscillated between two Federal Supreme Court cassation precedents, Aminat Ali v Fatuma Wubet (file 45548) and Zeynaba Khalifa v Kedija Siraj (file 50489), both of which the author considers contrary to the equity rule of the Oromia code.
Key points
| Religious marriage | Valid if the religion's rites are performed and the Code's essential conditions are met (Family Code, arts 3 and 26) |
|---|---|
| Effects | Same as civil marriage (art. 40) |
| Registration | Required whatever the form; evidence from the religious institution or elders, within 30 days (Proclamation No. 760/2012, arts 18, 31 and 33) |
| Sharia courts, federal level | First Instance, High and Supreme Court of Sharia (Proclamation No. 188/1999, art. 3) |
| Subjects | Marriage, divorce, maintenance, guardianship of minors, family relationships; wakf, gift, succession by will of Muslims (art. 4(1)) |
| Condition | Express consent of the parties to Islamic law (art. 4(2)); no clear consent, transfer to the regular federal court (art. 5(3)) |
| First Instance threshold | Claims up to Birr 200,000 or not expressible in money; one Kadi (arts 10 and 13(1)) |
| Seats | Addis Ababa and Dire Dawa; Supreme Court in Addis Ababa (art. 13) |
| Bigamy | Forbidden by Family Code art. 11 and punished by Criminal Code art. 650, with an exception for religious or traditional practices recognised by law (art. 651) |
In practice
- Ask the imam, priest or other officiant to give written evidence of the wedding, with the spouses' names, ages and residences, the date, the place and the witnesses, and present it to the officer of civil status within 30 days (Proclamation No. 760/2012, arts 18, 31(2) and 33).
- Check before the ceremony that each of you is at least 18 and free to marry, because the religion's rites do not replace the Code's essential conditions (arts 7, 11 and 26(2)).
- If a Muslim family dispute in Addis Ababa or Dire Dawa goes to a Federal Court of Sharia, expect a summons asking the other party to confirm consent in writing before the registrar; once consent is given the case cannot be moved to a regular court (art. 5).
- Use Amharic or ask the court for an interpreter, which art. 14 of Proclamation No. 188/1999 guarantees to a party who does not understand Amharic.
Recent changes
A commentary published on 29 August 2019 by Michael Kebede reports that federal Kadis told him they draw almost exclusively on the Hanafi school, that the federal Sharia courts had no woman Kadi, and that the constitutional text does not settle whether regular federal courts can hear appeals from them; the 2019 Mini DHS found 30% of women aged 15 to 49 to be Muslim, 42% Orthodox and 27% Protestant.
Where to go
- The Federal First Instance Court of Sharia in Addis Ababa or Dire Dawa, for a family dispute between Muslims who consent to Islamic law.
- The officer of civil status, for registration of a religious marriage on presentation of the religious institution's evidence (Proclamation No. 760/2012, arts 31 and 33).
- The regular federal court, when consent to the Sharia court is absent or unclear (Proclamation No. 188/1999, art. 5(3)).
Worth knowing
Consent to the Sharia court cannot be withdrawn by moving the case: art. 5(4) of Proclamation No. 188/1999 forbids transfer in either direction once consent has been given, and a party who ignores the summons is presumed not to object (art. 5(2)).
Frequently asked questions
Does a religious wedding need a separate civil ceremony in Ethiopia?
No: art. 1(2) and art. 3 of the Revised Family Code recognise a marriage concluded by religious rites and art. 40 gives it the same effects as a civil marriage, but the marriage must still be registered, using the evidence supplied by the religious institution (art. 28; Proclamation No. 760/2012, arts 31(2) and 33).
Can a Muslim man take a second wife?
It depends on the regime: federal art. 11 forbids marrying while bound by an earlier marriage, but art. 651 of the Criminal Code excepts bigamy in conformity with religious or traditional practices recognised by law, Oromia prohibits it outright (art. 30) and Harari law recognises an exceptional bigamous marriage with a religious justification (art. 11(2)). In 2016, 11% of married women reported that their husband had other wives.
When can a Sharia court hear my divorce or maintenance case?
Only if the marriage was concluded under, or the parties have consented to, Islamic law and both parties have expressly consented to this court; the court asks the other party to confirm consent when the case is filed, and without clear consent sends the case to the regular federal court (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 1 to 4, 11, 26, 28 and 40
- Constitution of the Federal Democratic Republic of Ethiopia, 1995 (English text, Constitute Project) — arts 34(4), 34(5) and 78(5)
- 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 3 to 6, 9, 10, 13, 14, 16 and 17; confirmation-of-consent form annexed
- 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, 31 and 33: registration and evidence of religious marriage
- Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No. 414/2004, in force 9 May 2005 (English text on WIPO Lex) — arts 650 and 651: bigamy and its exception
- Michael Kebede, "Ethiopia's 1999 Federal Courts of Sharia Consolidation Proclamation: The Function of the Sharia Courts", Islamic Law Blog, 29 August 2019 — regional Sharia courts, Hanafi practice, appeals (29 August 2019)
- Sileshi Bedasie Hirko, "The Disputed Constitutionality of the Precedential Practice of the Federal Supreme Court and Its Implications for Oromia Family Law: The Case of Bigamous Marriage in Ethiopia", Journal of African Law 63(2), 2019, pp. 193-223 — Oromia Family Code (Proc. No. 83/2004) art. 30; Harari Proclamation No. 80/2008 art. 11(2); cassation files 45548 and 50489 on partition of property (footnotes 4, 13, 20, 50, 52 and 62)
- Ethiopia Demographic and Health Survey 2016 (Central Statistical Agency and ICF) — chapter 4: polygyny (11% of married women, 2016)
- Ethiopia Mini Demographic and Health Survey 2019, Final Report (Ethiopian Public Health Institute and ICF, 2021) — chapter 3: religion of women aged 15 to 49 (2019)
The general article: Religious ceremony · Compare with another country
Wedding customs and ceremonies
Article 4 of the Revised Family Code defines marriage according to custom as the performance of the rites that the custom of the community where the spouses live, or to which one of them belongs, deems to make a valid marriage; art. 27 leaves its formalities to that custom but requires the Code's essential conditions of consent, age, kinship and bigamy to be respected, and art. 40 gives it the same effects as a civil marriage. Article 319(2) disapplies any law, decision or practice that is inconsistent with the Code on matters it regulates, and the Constitution commits the State to eliminate the influence of harmful customs and prohibits customs and practices that oppress or cause bodily or mental harm to women (art. 35(4)).
Customary marriage is therefore recognised but supervised. The elders or the religious institution who witnessed it must give the couple written evidence of the marriage, with the spouses' names, ages and residences, the date, the place and the witnesses, for registration within 30 days (Proclamation No. 760/2012, arts 18 and 33). Spouses may regulate their property and personal relations by a contract made in writing and attested by four witnesses, two for each spouse, and deposited with the court or the office of civil status (arts 42, 44 and 45), but a contract that simply refers to local custom, religion or the law of a country has no effect (art. 46(2)). In the former Southern Nations region, according to a 2017 comparison, the regional code regulates betrothal in detail whereas the federal Code leaves it out.
Abduction is dealt with by the Criminal Code. Whoever abducts a woman with intent to marry her, by violence or by obtaining her consent through intimidation, threat, trickery or deceit, faces rigorous imprisonment of three to ten years; where the abduction is accompanied by rape the penalty for rape applies, the victim keeps her right to civil compensation, and a marriage concluded afterwards between abductor and victim does not remove criminal liability (art. 587). Abducting a minor carries five to fifteen years (art. 589(1)). Consent extorted by violence also makes the marriage voidable for two years at most (arts 14 and 35).
The 2016 Demographic and Health Survey shows how far practice differs from the legal minimum of 18. Among women aged 20 to 24, 14.1% had first married by 15 and 40.3% by 18; among women aged 25 to 49, 58.3% had married by 18, and the median age at first marriage was 17.1 for women against 23.7 for men. By region the women's median (women aged 25 to 49) ranged from 15.7 in Amhara, 16.4 in Afar, 16.6 in Tigray and 17.2 in Oromia to 17.7 in SNNPR, 18.1 in Somali and 23.9 in Addis Ababa; it was 16.7 in rural and 19.3 in urban areas. Eleven percent of married women and 5% of men reported polygynous unions, from 29% of married women in Somali to 1% in Amhara.
Key points
| Customary marriage | Rites of the community's custom; same essential conditions and effects as civil marriage (Family Code, arts 4, 27 and 40) |
|---|---|
| Evidence for registration | Written evidence from the elders or religious body, registered within 30 days (Proclamation No. 760/2012, arts 18 and 33) |
| Marriage contract | Written, attested by four witnesses, deposited with the court or the office of civil status (arts 44 and 45) |
| Contract referring only to custom | No effect (art. 46(2)) |
| Abduction with intent to marry | Rigorous imprisonment of 3 to 10 years; later marriage does not remove liability (Criminal Code, art. 587) |
| Abduction of a minor | Rigorous imprisonment of 5 to 15 years (art. 589(1)) |
| Median age at first marriage, women 25-49 (2016) | 17.1 nationally; Amhara 15.7, Oromia 17.2, SNNPR 17.7, Addis Ababa 23.9 |
| Women 20-24 first married by 15 / by 18 (2016) | 14.1% / 40.3% |
| Polygyny (2016) | 11% of married women report co-wives; Somali 29%, Amhara 1% |
In practice
- Before a customary wedding, check with the elders that both of you are at least 18, that nobody present is related within the forbidden degrees of arts 8 and 9, and that neither of you is still married (art. 11), because the rites cannot override these conditions (art. 27(2)).
- Ask the elders for the written evidence of the marriage required by art. 33 of Proclamation No. 760/2012, naming the spouses, their ages and residences, the date, the place and the witnesses, and take it to an officer of civil status within 30 days.
- If you want to fix your property arrangements, put them in a written contract signed before four witnesses, two for each of you, and deposit a copy with the court or the office of civil status (arts 44 and 45); do not rely on a clause that merely refers to custom (art. 46(2)).
Recent changes
The head of the Ethiopian Women Lawyers Association told Landinfo in May 2016 that the Family Code has very limited application because most rural people live very traditional lives and the authorities have built few institutions to apply it, that customary and religious rules still govern marriage in Afar and Somali, which had no modern family law, and that the big cities such as Addis Ababa are the exception.
Who to ask
- The elders or religious institution that witnessed a customary marriage, for the written evidence required for registration (Proclamation No. 760/2012, art. 33).
- The officer of civil status, for registration and the certificate (arts 28 and 29 of the Family Code).
- The court, for a marriage contract's deposit, for dissolution of a marriage concluded under violence, and for the criminal complaint against an abductor (Family Code, arts 35 and 45; Criminal Code, art. 587).
Frequently asked questions
Is a customary marriage legally recognised in Ethiopia?
Yes: art. 1(2) allows marriage in accordance with the custom of the future spouses and art. 40 gives it the same legal effects as a civil marriage, but it must meet the same essential conditions, including the age of 18, free consent and the ban on bigamy (art. 27(2)), and must be registered within 30 days.
Is a marriage that follows an abduction valid?
Consent must be free and full (art. 6) and a marriage obtained through violence can be dissolved on application within six months after the violence ends and at most two years after the wedding (art. 35). The abduction itself is a crime and a later marriage between abductor and victim does not remove criminal liability (Criminal Code, art. 587(3)).
At what age do women actually marry in Ethiopia?
In the 2016 survey the median age at first marriage was 17.1 among women aged 25 to 49, from 15.7 in Amhara to 23.9 in Addis Ababa, and 40.3% of women aged 20 to 24 had first married by 18, although art. 7 of the Family Code sets 18.
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 1 to 4, 6, 7, 11, 14, 27, 28, 35, 40, 42 to 46 and 319
- Constitution of the Federal Democratic Republic of Ethiopia, 1995 (English text, Constitute Project) — art. 34(4) and (5), art. 35(4): recognition of customary marriage, harmful customs
- 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 and 33: registration within 30 days and evidence from elders or religious institution
- Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No. 414/2004, in force 9 May 2005 (English text on WIPO Lex) — arts 587, 589 and 590: abduction with intent to marry
- Ethiopia Demographic and Health Survey 2016 (Central Statistical Agency and ICF) — tables 4.3 and 4.4 and section 4.2: age at first marriage by region, residence; polygyny by region (2016)
- Landinfo (Norwegian Country of Origin Information Centre), response "Etiopia: Alderskrav og ekteskapsinngaelse" of 24 June 2016, in Norwegian — statements of the Ethiopian Women Lawyers Association, May 2016: limited application; Afar and Somali
- Nigussie Afesha, "Comment: Major Differences between the Revised Federal and SNNP Regional State Family Codes", Mizan Law Review 11(2), 2017, pp. 410-423 — betrothal regulated in the SNNP regional code and omitted in the federal Code (2017)
The general article: Wedding customs and ceremonies · Compare with another country
Matrimonial property and inheritance
A contract of marriage may regulate the pecuniary effects of the marriage and the spouses' personal relations, but it is of no effect unless it is in writing and attested by four witnesses, two for each spouse, and a copy is deposited with the court or the office of civil status (arts 42, 44 and 45). Where there is no contract, or it is invalid, the legal regime applies (art. 48): a community of acquests with personal property kept apart. The regime is federal; the regional states' codes govern marriages in the regions, and a 2017 comparison found that the federal and the former SNNP code differ in how they treat proof of marriage, compensation on dissolution and maintenance.
Personal property is what each spouse possessed on the wedding day or acquires afterwards by succession or donation (art. 57), together with property bought during the marriage in exchange for personal property or with personal money, but only if the court, on a spouse's request, has decided that the acquisition is personal (art. 58). Each spouse administers it, receives its income and may dispose of it freely (art. 59). Common property comprises all income from the spouses' personal efforts and from common or personal property, everything acquired for value during the marriage unless declared personal, and property donated or bequeathed to both together unless the donor says otherwise (art. 62). All property is deemed common even if registered in the name of one spouse unless that spouse proves that he or she is the sole owner (art. 63(1)).
Common property is administered by both spouses together unless one is empowered to administer it (art. 66), and the spouse who performs an act of management must inform the other (art. 67). The agreement of both is required to sell, exchange, rent out, pledge or mortgage common immovable property; to sell, pledge or mortgage common movables or securities in both names worth more than Birr 500; to give away common property worth more than Birr 100; and to borrow, lend or stand surety for more than Birr 500 (art. 68). A spouse who is not consulted can ask the court to revoke the obligation, within six months of learning of it and in any case within two years of its being entered into (art. 69). Each spouse receives his or her own earnings and may keep them in a personal or a joint account, but must render an account of them to the other on request (art. 64), and the spouses contribute to household expenses in proportion to their means (art. 72). Contracts between spouses during the marriage have no effect unless the court approves them (art. 73).
On dissolution, whether by divorce or death, the spouses first liquidate their pecuniary relations by agreement or according to their marriage contract (arts 85 and 109); failing that, each takes back his or her personal property in kind (art. 86), may claim indemnity for acts of bad administration made in the previous five years (art. 87) or for unlawful enrichment of the other's property (art. 88), creditors holding judicial or acknowledged debts are paid before partition (art. 89), and the common property is divided equally (art. 90). Division is in kind where possible, with unequal shares set off by money (art. 91); property that is hard to divide is sold, by auction if one spouse requires it, and the proceeds are shared (art. 92).
The World Bank's Women, Business and the Law 2024 scores Ethiopia 100 out of 100 on its assets indicator, citing arts 59, 66, 68 and 90 for equal administrative power and ownership rights to immovable property, arts 57, 58 and 62 for the valuation of non-monetary contributions, and art. 63 as an incentive for women to register property, including joint titling; it answers no for specialised family courts and for legal aid in family disputes, noting that insufficient evidence was located.
Key points
| Contract of marriage | Written, attested by four witnesses, deposited with the court or the office of civil status (arts 44 and 45) |
|---|---|
| Personal property | Owned at the wedding or acquired by succession or donation (art. 57) |
| Common property | Earnings, income and property acquired for value during the marriage, unless declared personal (art. 62) |
| Presumption | All property is common even if registered in one name, unless that spouse proves sole ownership (art. 63(1)) |
| Joint consent | Common immovables; common movables and loans or sureties above Birr 500; gifts above Birr 100 (art. 68) |
| Challenge to an act without consent | Within 6 months of learning of it, and 2 years at most (art. 69(2)) |
| Contracts between spouses | No effect unless approved by the court (art. 73) |
| Division on dissolution | Common property divided equally (art. 90), in kind with money set-off (art. 91) |
| Property hard to divide | Sold, by auction if one spouse requires, and proceeds shared (art. 92) |
In practice
- Decide before the wedding whether you want a contract of marriage: it must be in writing, attested by four witnesses, two for each of you, and deposited with the court or the office of civil status, or it has no effect (arts 44 and 45).
- To keep property bought during the marriage with money you owned beforehand as personal, ask the court for a declaration under art. 58(2); without it the purchase is common property.
- Do not sign the sale, mortgage or lease of common immovable property, or any loan or surety above Birr 500, without the other spouse's agreement (art. 68); a spouse who was bypassed has six months from learning of it to ask the court to revoke it (art. 69).
- On separation, ask the court to give orders on the management of the property from the moment the petition is filed (art. 82(5)); at the end of the case, list personal and common assets, debts and contributions so that arts 85 to 93 can be applied.
Where to go
- The court, to declare property personal (art. 58(2)), to approve contracts between spouses (art. 73), to revoke obligations entered into without consent (art. 69) and to liquidate and partition on dissolution (arts 85 to 93).
- The office of civil status, for the deposit of a marriage contract (art. 45(1)).
Worth knowing
The money thresholds in art. 68 (Birr 100 for gifts, Birr 500 for movables and loans) are those of the Code's 2000 text and were not adjusted in the version opened for this page; the community regime applies only if no valid marriage contract provides otherwise (art. 48).
Frequently asked questions
Who owns property bought during an Ethiopian marriage?
By default it is common property, because anything acquired for value during the marriage is common unless a court has declared it personal (arts 58 and 62), and all property is presumed common even if registered in one name (art. 63(1)).
Can my husband or wife sell our house without my agreement?
No: art. 68 requires the agreement of both spouses to sell, rent out or mortgage common immovable property. A spouse who was not consulted can ask the court to revoke the obligation within six months of learning of it and at most within two years (art. 69).
How is property divided when a marriage ends?
First by the spouses' agreement or marriage contract (art. 85); otherwise each takes back personal property in kind (art. 86), debts are paid, and common property is divided equally (art. 90), in kind where possible, with money adjusting unequal shares (art. 91).
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 42 to 48, 57 to 73, 82(5), 85 to 93 and 109 (contract, personal and common property, administration, liquidation)
- World Bank, Women, Business and the Law 2024 -- Ethiopia country data (main business city: Addis Ababa) — assets indicator: arts 59, 63, 66, 68 and 90; non-monetary contributions arts 57, 58 and 62; no specialised family courts, no legal aid
- 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 family codes (2017)
The general article: Matrimonial property and inheritance · Compare with another country
Divorce
Divorce under the Revised Family Code needs no ground and only a court can pronounce it (arts 77(3), 81 and 117): the court tries conciliation, arbitration by arbitrators the spouses choose and a cooling period of up to three months, then must pronounce the divorce within one month (art. 82), and a joint application by consent is closed to spouses married for less than six months (art. 77(2)).
| 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) |
Full detail: Divorce