Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa

Article 7 Separation, Divorce and Annulment of Marriage States Parties shall enact appropriate legislation to ensure that women and men enjoy the same rights in case of separation, divorce or annulment of marriage. In this regard, they shall ensure that:

• Point a
  separation, divorce or annulment of a marriage shall be effected by judicial order;


• Point b
  women and men shall have the same rights to seek separation, divorce or annulment of a marriage;


• Point c
  in case of separation, divorce or annulment of marriage, women and men shall have reciprocal rights and responsibilities towards their children. In any case, the interests of the children shall be given paramount importance;


• Point d
  in case of separation, divorce or annulment of marriage, women and men shall have the right to an equitable sharing of the joint property deriving from the marriage.