Procedure
Apply In-Person (Within The Gambia)
To apply for a Civil Marriage Divorce in The Gambia, the applicant must approach the Regional Court or High Court that has jurisdiction over family and civil matters.
Steps:
- Consult a licensed lawyer to guide you through the process and draft your petition.
- The lawyer prepares a Petition for Divorce, signed by both the petitioner and the legal representative.
- The petition should include all supporting documents such as the marriage certificate, witness affidavits, and details of property or child custody arrangements.
- The Regional Trial Court will order publication of the divorce notice in a recognized newspaper once weekly for three weeks.
- The case will be scheduled for hearing, and notices will be sent to the government registrar, the respondent, and other concerned parties.
- The witness testimony is presented through a Judicial Affidavit, which is notarized prior to court appearance. During the hearing, witnesses affirm the affidavit as their testimony.
- After hearing all evidence, the lawyer submits a Formal Offer of Evidence to the court.
- If no objection is raised by the respondent or government agencies, the case proceeds to final judgment.
- Once approved, the court issues a Divorce Decree, legally dissolving the marriage.
The entire process may take 12 to 18 months depending on the complexity of the case and court workload.
Apply In-Person (Outside The Gambia)
For Gambian citizens residing abroad, divorce petitions can be filed through Gambian embassies or consulates:
- Contact the Legal Affairs Office of the nearest Gambian Embassy or Consulate.
- Schedule an appointment and visit the office on the given date.
- The embassy will refer you to a lawyer authorized to file the petition in The Gambia on your behalf.
- The lawyer prepares and files the divorce petition in a Regional or High Court in The Gambia.
- The process follows the same legal procedures as domestic filings — publication, witness testimony, and court hearings.
- Once finalized, the Divorce Certificate or Decree of Dissolution is sent to the applicant through the embassy.
Required Documents
- Copy of Marriage Certificate
- Proof of Identity (Passport, National ID, Birth Certificate, or Driver’s License)
- Divorce Petition detailing grounds for divorce and related issues
- Evidence supporting fault-based claims such as adultery or cruelty (if applicable)
- Property Inventory listing assets and liabilities
- Child Custody Plan (if applicable)
- Proof of Citizenship
Office Locations & Contacts
Ministry of Foreign Affairs, International Cooperation and Gambians Abroad
No. 4 Marina Parade, Banjul, The Gambia
Phone: (+220) 422-6402
Email: [email protected]
Website: www.mofa.gm
Ministry of Justice
Attorney General’s Chambers and Ministry of Justice
Marina Parade, Banjul, The Gambia, West Africa
Call: (+220) 422-8450 / (+220) 422-7238 / (+220) 422-6150
Email: [email protected] | [email protected]
Embassies and Consulates:
For Gambians abroad, applications may be initiated through embassies or consulates listed on the Ministry of Foreign Affairs website.
Eligibility
- Any legally married person (citizen or resident) seeking to dissolve a civil marriage is eligible.
- Applicants must prove that the marriage was registered and legally recognized in The Gambia.
Fees
- Divorce-related fees vary depending on the court’s jurisdiction, legal representation, and number of required documents.
- Minimal administrative fees apply for certified copies, court filings, and publication notices.
Validity
- A Divorce Certificate remains valid indefinitely.
- Once issued, it legally confirms the dissolution of marriage and is recognized for all civil and administrative purposes.
Processing Time
- Divorce cases typically take 12 to 18 months from the date of filing.
- The timeline may vary depending on the case complexity and the availability of court sessions.
Instructions
- All applicants must submit complete and genuine documents.
- Application forms and petitions must be properly notarized and signed by a licensed lawyer.
- Incomplete or falsified submissions will be rejected by the court.
Required Information
- Applicant’s full name
- Spouse’s full name
- Details of children (if any)
- Civil and marital status
- Citizenship
- Email address and phone number
- Postal address
- Type of current visa (for applicants abroad)
Need for the Document
A Divorce Certificate is a legal document confirming that a marriage has been officially dissolved. It is required for:
- Changing marital status in legal and civil records
- Applying for a new passport or updating citizenship documentation
- Filing taxes and updating dependents
- Applying for remarriage or civil registration
- Settling property division or custody agreements
Information Which Might Help
The divorce certificate typically includes:
- Names of both parties
- Date and place of marriage
- Grounds for divorce
- Date of the decree
- Property and custody settlement details (if applicable)
Divorce under Gambian law can be granted based on:
- Mutual consent
- Adultery
- Cruelty
- Desertion
- Conversion or mental disorder
- Renunciation of the world
- Communicable disease
Other Uses of the Document
- Proof of marital status when applying for visas or loans
- Legal reference for inheritance or property matters
- Evidence in future civil or family proceedings
