Responses to Information Requests

In correspondence sent to the Research Directorate on 22 December 2008, the Consul General of the Consulate General of the Republic of Haiti in Montréal stated that there are three types of divorce in Haiti: divorce by default (divorce par défaut), contradictory divorce and divorce of foreigners.

With respect to a divorce by default and a contradictory divorce:

[translation]

The person seeking the divorce is the petitioner.
This person must be of Haitian nationality and must submit the following:

1. a marriage certificate
2. a valid fiscal identity card bearing a seal
3. the address of the respondent and a sufficient amount of money to cover the costs and the lawyers’ fees, and must be available for both appearances before the doyen [senior court official] of the Court of First Instance (Tribunal de première instance). (Haiti 22 Dec. 2008)

The Consul General defined a divorce by default as follows:

[translation]

A divorce by default is granted when the respondent does not appear in court with his or her spouse before the doyen of the Court on the date set for the second appearance or after being summoned to appear at a time set by law (ibid.).

As for how long it takes to obtain a divorce:

[translation]

A divorce by default takes six months. A contradictory divorce can take three months if there are no delays, otherwise it can take eight to nine months (ibid.).

The Consul General added that [translation] “a divorce by default and a contradictory divorce become final 30 business days after the divorce decree is signed” (ibid.).

In correspondence sent to the Research Directorate on 12 December 2008, an official at the Embassy of Canada in Port-au-Prince defined a [translation] “divorce by default” as follows: [translation] “if the respondent fails to appear before the civil status officer within the prescribed two-month deadline after being duly summoned to hear the decision, a judgment of divorce [rendered by default] is made against the respondent when the deadline expires” (Canada 12 Dec. 2008). He also provided the following information on the legal framework for divorce in Haiti:

[translation]

According to Law No. 7 on Divorce (Loi No. 7 sur le divorce) of 6 June 1968 (Haitian Civil Code [Code Civil Haïtien]), the reasons for a marriage break-up are adultery by the wife, adultery by the husband, excesses, serious and public abuse or mistreatment of one spouse by the other, and mutual and continuing consent of the spouses showing that their life together is intolerable.

Proceedings must be instituted before the Court of First Instance in the jurisdiction where the respondent lives through a motion filed with the doyen of the Civil Court (Tribunal civil) (Art. 221). The divorce petition must outline the facts with supporting evidence.

…

According to the 1968 Law No. 7 on Divorce, the divorce judgment will not be granted until after a consultation meeting before the doyen of the Court of First Instance, who hears the petitioner, makes appropriate observations, and initials the petition and the evidence in order to draw up the record of return for everything submitted to him or her (Art. 224). The doyen will order the parties to appear at a date and time set by the doyen in an order to appear (Art. 226). The Law addresses the concept of reconciliation, where on a set day, the doyen will make to both spouses, if both spouses appear, or to the petitioner if he or she appears alone, the observations that the doyen deems to be suitable for bringing the two sides together (Art. 227).

Proceedings before the Court may take place in three parts: the parties are summoned to appear in court, and either a private hearing or a debate in a public hearing, or both, will be held. Within three days of the efforts to reconcile, the court, based on the doyen’s report and the conclusions of the Public Ministry (Ministère Public), will either grant or deny the judge responsible for the case permission to summon the parties to appear (Art. 228). The denial of permission may not be longer than 20 days. Upon expiry of this time period, the case will be heard and judged in the ordinary way by the Public Ministry, regardless of whether the respondent appears. The final judgment will be delivered publicly. Once the petitioner acknowledges the divorce, the petitioner will be authorized to appear before the civil status officer within two months to have it delivered (Art. 246), and the other party will be duly called to hear the judgment (Art. 252). The civil status officer will transcribe the judgment and will issue the divorce certificate.

When the divorce petition is made for reasons of excesses or serious and public abuse or mistreatment, and this has been well established, the judges may not acknowledge the divorce immediately. In this situation, before granting the divorce, they will authorize the wife to leave her husband and will order the husband to pay alimony, proportional to his ability to pay, if the wife’s income is insufficient to meet her needs. After a year of trial separation, if the parties have not reunited, the petitioning spouse may summon the other spouse to appear in court to hear the final divorce judgment, and the court will then grant the divorce (Art. 247 and Art. 248) (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Canada. 12 December 2008. Embassy of Canada in Haiti. "Résumé de cas : le divorce - état du droit en Haïti." Document sent by an official.

Haiti. 22 December 2008. Consulate General of the Republic of Haiti in Montréal. Correspondence sent by the Consul General.

Additional Sources Consulted

Internet sites, including: Consulate General of the Republic of Haiti in Montréal; United States (US) Department of State.