Family Law in Djibouti

The legal basis is the Family Code (Code de la Famille) of 2002, amended in 2014. A reform project from 2021 was reported, but its entry into force has not been documented. The Ministry of the Interior (Ministère de l’Intérieur) and the Directorate-General for Population and Family (DGPF), respectively the Directorate of Population and Family (DPF), are responsible for civil status and family registers. The Ministry of Justice (Ministère de la Justice), the Personal Status Tribunal (Tribunal de Statut Personnel), the Court of Appeal Chamber (Chambre d’Appel) and the Islamic marriage registrar (Al Ma’doun Al Char-i) handle family-law proceedings. The first-instance Personal Status Tribunal is located in Djibouti City but has jurisdiction throughout the country. A marriage is generally concluded from the age of 18. Below 18, the consent of a female guardian (tuteur) and judicial authorization may be considered if both future spouses insist on the marriage. The marriage takes place before an Al Ma’doun and two reputable witnesses. The consent of both spouses and the woman’s guardian is required. The bridal gift (Mahr) belongs to the woman. For a marriage abroad, Djiboutian consular rules or local law apply depending on the circumstances. Polygamy is permitted but requires equal treatment; this includes a social and economic assessment by the Ma’doun and the opinion of the existing wives. The marriage certificate is subsequently entered in the civil-status register (état civil), according to the available information no later than one month afterwards. A breach of the registration obligations may result in a fine of 30,000 FDJ. Parenthood and parentage determine rights and obligations towards children. A child is considered a minor under family law until reaching the age of 18. A child of a married woman is attributed to the husband from six months after the marriage. In a disputed paternity case, the judge decides on proceedings under the oath-based Liaan procedure (Liaan). Adoption is generally not provided for; however, the 2014 amendment permits protective adoption (adoption-protection). Requirements include Djiboutian nationality, Muslim faith, marriage of the applicant couple where there is a joint application, a minimum age of 30, sufficient means and a good reputation. Where parentage is known, the matter is handled by a notary; where parentage is unknown, it is handled by the judge of personal status. Custody (hadana) is then governed by the rules applicable to a legally attributed child. Maintenance may arise from marriage, kinship or a voluntary undertaking. After consummation of the marriage and during the waiting period (viduité), the husband owes maintenance to his wife. Dependent parents and paternal grandparents may claim maintenance from children who have the means to provide it. An ascendant may be obliged to maintain minor or disabled descendants. For sons, the obligation generally continues until the age of 18 or until they become capable of earning, and longer during education. The amount depends on wealth, need and living costs. Anyone who intentionally fails, after being warned, to comply with an enforceable maintenance decision may, when the arrears exceed one week, be punished by up to two years’ imprisonment and a fine of 500,000 FDJ. In separation or divorce proceedings, the courts consider the best interests of the child. During the marriage, the father and mother share custody; after the death of one parent, the surviving parent generally takes over. After a divorce, a parent or another suitable third person may provide care. The child should retain regular contact with both parents and the family. The father must provide suitable accommodation for the child and, where applicable, the female caregiver. A right of access may not be blocked. A parent may not remove a child from the child’s place of residence without consent where the mother has custody, unless this serves the child’s best interests. The practical implementation depends on the judicial decision. A divorce is conducted before the Al Ma’doun or the Personal Status Tribunal. The Ma’doun may handle a consensual divorce. The husband may bring an action; the wife may rely, among other grounds, on harm or on a khulʿ divorce (khol’). Judicial reconciliation is mandatory. If it fails, the court may provisionally decide on residence, maintenance, custody and visitation. Family-related parts of the judgment are immediately enforceable despite an appeal. The waiting period for a divorced woman who is not pregnant is three months, for a widow four months and ten days, and for a pregnant woman until childbirth. No fixed general duration or uniform cost for proceedings has been documented. A birth must be registered with the civil-status register. The mother or a relative may make the declaration; the general deadline is one month. The parents’ identity documents and marriage certificate are usually required. The birth certificate serves, among other purposes, for identification, school attendance and participation in elections. Fees and possible reductions have not been reliably verified. A late declaration may result in a fine and up to one month’s imprisonment. The DGPF also centralizes civil status for Djiboutians abroad. Registration coverage is considerably higher in urban than in rural areas; UNICEF gives approximately 97 percent in urban areas and 79 percent in rural areas. Some detailed figures come from older surveys and should be confirmed before a specific procedure. The 2015 law places the best interests of the child at the center. Children are entitled, among other things, to a name, nationality, and knowledge of and upbringing by their parents. Risks may arise from the loss of parental care, neglect, living on the street, abuse, sexual or economic exploitation, violence between adults or parental inability. The juvenile judge (juge des enfants) may order educational assistance (assistance éducative) upon application or on the judge’s own initiative. In the case of a found or abandoned child, an institution or the competent Commissaire de la République may assume guardianship. The National Platform for Child Protection has existed since 2021, but protection services differ in regional accessibility. The 2019 law covers physical, psychological, sexual, economic, patrimonial and cultural violence against women and children, including in existing or dissolved family relationships. Implementing rules for a proposed support fund have not been documented. FGM and child marriage remain additional risks to family protection. Social benefits are not consolidated into a single general family allowance. In formal employment, the Social Benefits Fund (Caisse des Prestations Sociales) may provide marriage, family and maternity benefits, among others. According to the available information, family benefits cover at most six dependent children, normally until age 15, until age 18 during education, and until age 21 in cases of study, incurable illness or disability. For civil servants, Decree No. 2025-344 (Décret n°2025-344) sets a different limit of 18, or 25 in cases of study or disability. Frequently requested evidence includes national identity cards (CNI), an employer certificate and a birth certificate or, alternatively, a judgment. Current amounts have not been verified. For poor or particularly vulnerable households, the PNSF under the National Social Protection Strategy (SNPS) 2023–2027 provides targeted transfers through a social registry and social desks (guichets sociaux). MASS, ADDS, UNFD and local community committees perform different roles. Access is weaker in rural and border areas; current transfer amounts, deadlines and regional quotas have not been documented. No separate, generally accessible long-term-care benefit for older or dependent relatives has been documented as a direct equivalent. Care and financial support therefore often remain organized within the family. In the event of death and inheritance, succession begins with death. Burial costs, secured debts and valid bequests are considered first, followed by heirs according to religiously influenced quotas. Intentional homicide and a difference of religion may result in exclusion from succession. If there are no heirs, the remainder goes to the state treasury. The Personal Status Tribunal has jurisdiction. Typical documents include a death certificate, a certificate of heirs (certificat d’hérédité) or certificate of ownership (certificat de propriété), and, where applicable, property titles, bank records and a claim in Arabic. Uniform deadlines and costs have not been documented. Legal aid may be requested for court proceedings. The available information states a monthly income limit of less than 100,000 FDJ, or 150,000 FDJ for three dependent children. It may cover lawyers’ and bailiffs’ costs according to the applicable scales; the application is filed with the registry of the Court of Appeal (Greffe de la Cour d’Appel). Before making a specific application, the competent office, current legislation, required documents, fees and local accessibility should be confirmed.