KAMPALA, UGANDA — Uganda is currently undergoing significant discussions regarding its marital laws with a comprehensive new Marriage Bill under parliamentary consideration.
This proposed legislation could introduce substantial penalties, including potential imprisonment of up to three years or a fine of Shs 10 million, for Ugandan men who demand the return of marriage gifts from their spouse’s family.
The Marriage Bill, initiated by Tororo district Woman MP Sarah Opendi and presented by Alebtong district Woman MP Dorcus Acen, aims to modernize Uganda’s marital framework by formalizing crucial aspects of marriage.
These include the registration process, property rights of spouses, and the procedures for separation and dissolution. Notably, the bill seeks to establish legal repercussions for actions traditionally governed by custom, such as the retrieval of marriage gifts upon the termination of a marital union.
A modernized legal framework for marriage
According to MP Acen, the proposed legislation is intended to address existing legal ambiguities and rectify unconstitutional elements within current statutes. These include outdated provisions in the existing Marriage Act that stipulate a minimum legal marriage age of 21 and prioritize civil marriages over customary unions.
Furthermore, the bill seeks to establish equitable rights for both men and women, particularly in divorce proceedings, where current laws apply disparate standards. If enacted, the bill will formally recognize diverse forms of marriage prevalent in Uganda, encompassing Bahá’í, Christian, Civil, Hindu, Customary, and Islamic marriages.
The responsible government Minister will also be empowered to recognize additional forms of marriage through statutory instruments.
Proposed procedural framework
The new provisions outline a mandatory process for prospective couples, requiring them to submit a written notice of their intention to marry to the registrar of marriages at least 21 days prior to the intended ceremony. Upon receipt, the registrar will be obligated to publicize this notice in accordance with regulations established by the Minister.
The marriage ceremony must be conducted within three months following the expiration of the 21-day notice period. To enhance transparency and mitigate fraudulent activities, the bill proposes the establishment of a National Marriage Register—a publicly accessible electronic database containing records of all legally married individuals in Uganda. This register would be accessible upon payment of a fee, enabling individuals to verify the marital status of others.
Eligibility and formalities for marriage
The proposed legislation establishes 18 as the minimum legal age for marriage and prohibits unions between individuals with close familial ties, whether by blood, law, or clan affiliation. Marriage ceremonies must be conducted publicly by a licensed registrar and must be consistent with the cultural, religious, or personal practices of the marrying parties.
A fundamental principle of the bill is the promotion of gender equality within marriage. Both spouses are granted equal rights to the consortium, encompassing the mutual companionship and shared responsibilities inherent in the marital relationship. Women will have the option to retain their maiden name, adopt their husband’s surname, or utilize a combination of both.
Upon the dissolution of the marriage, a woman may choose to discontinue the use of her husband’s surname. Additionally, the bill includes a provision stipulating that DNA testing of a child born during a marriage cannot be conducted without a court order, thereby reinforcing the legal protection of the child and the integrity of the family unit.
Matrimonial property and shared financial obligations
The bill provides a clear definition of matrimonial property, encompassing the family home, household contents, and other assets acquired by either spouse before or during the marriage—provided both individuals mutually agree to classify them as matrimonial property.
Each spouse will possess equal rights regarding the access, utilization, and disposal of these assets, unless a pre-existing alternative agreement is in place. Furthermore, debts incurred to meet the fundamental needs of the family will be considered joint liabilities.
However, if one spouse incurs debt without the explicit consent of the other, that spouse will bear sole responsibility for the debt, unless otherwise agreed upon.
Criminalization of certain actions: A shift in cultural norms
A particularly noteworthy aspect of the bill is the criminalization of certain actions traditionally considered customary. For instance, the act of reclaiming marriage gifts following the termination of a marriage is now classified as a criminal offense. Individuals found guilty of this offense could face a fine of Shs 10 million, a prison sentence of up to three years, or both.
Similarly, making false claims of marriage, legally termed “jactitation of marriage,” will attract the same penalties. An individual who falsely presents themselves as a spouse under the Act may also be charged and subjected to similar penalties.
Breaching a promise to marry could result in court-ordered damages for the aggrieved party. In such instances, the affected party may also seek the return of any gifts exchanged in anticipation of the marriage that did not occur.
The bill also aims to penalize individuals who knowingly marry someone already in a monogamous union. Such offenders could face a fine of Shs 10 million, imprisonment for a term of up to five years, or both.
Cohabitation under scrutiny
During a joint session of Parliament’s Legal and Parliamentary Affairs Committee and the Gender, Labour, and Social Development Committee, the Inter-Religious Council of Uganda (IRCU) voiced its support for the proposal to criminalize cohabitation.
Should this clause be adopted, couples living together without formalizing their union could face imprisonment for up to three years or a fine of Shs 10 million. However, the IRCU urged Parliament to develop separate legislation to specifically regulate cohabiting relationships, particularly to safeguard the rights of children and address the division of shared property in such unions.
“We advocate for criminalization but recognize the reality of many cohabiting relationships,” stated Pastor Joseph Serwadda, representing the IRCU. “We recommend a separate legal framework to address these unique situations.”
Future legislative steps
According to human rights lawyer George Musisi, bills of this nature are typically drafted with the expertise of legal professionals, including those from the Ministry of Justice.
“As long as the draft isn’t outright unconstitutional, it can propose wide- ranging provisions and punishments,” Musisi explained. “But it’s still just that—a draft. Parliament will now scrutinize it clause by clause.” Even if the bill is passed into law, any provision deemed unconstitutional remains subject to legal challenge in court. “The process is ongoing,” Musisi added. “The bill’s contents may still change. Parliament has the power to retain, revise, or strike out anything they see fit.”
