Family Code > CHAPTER EIGHT SETTLEMENT OF DISPUTES ARISING OUT OF MARRIAGE AND IRREGULAR UNION 1

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CHAPTER EIGHT

SETTLEMENT OF DISPUTES ARISING OUT OF MARRIAGE AND IRREGULAR UNION

Section 1. General

Article 108. – Applicable Law.

Without prejudice to the procedural provisions provided in this Code, the provisions of the Civil Procedure Code of Ethiopia shall be applicable to disputes arising on matters provided in this Code.

Article 109. – Applicability of Provisions Relating to Liquidation of Pecuniary Relations Between Spouses.

1) The provisions of Chapter Five of this Code shall be applicable accordingly notwithstanding that the marriage is dissolved not by divorce.

2) When the dissolution of marriage is caused by the death of one of the spouses, the provisions of Chapter Five of this Code shall be applicable accordingly to disputes which may arise between the surviving spouse and the heirs of the deceased concerning the partition of property.

Article 110. – Dispute Between Spouses.

The court may, when it deems necessary, sit in camera while consulting with the spouses either jointly or separately or when examining witness , as the case may be.

Article 111. – Decision.

Where circumstances require that it is necessary for the protection of the reputation of the spouses and their family, the court may confine itself to stating the existence of sufficient causes for the divorce without details of the case in its decision.

Article 112. – Appeal.

No appeal shall lie solely on the judgment of the court deciding divorce.

Article 113. – Custody of Children.

1) The court shall, when deciding the dissolution of marriage, also decide as to which spouse shall have custody of the children, care of their education, health, maintenance and the rights of the parents and the children to visit each other.

2) When giving decision under Sub-Article (1), the court shall take into account the income, age, health, and condition of living of the spouse as well as the age and interests of the children.

3) The court may , on application and taking into account the change of circumstances, revise or reverse its decision given under his Article regarding the custody and maintenance of the children.

Article 114. – Irregular Union.

The provisions of this section shall also be applicable to the extent they are relevant, to cases concerning irregular union.

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