A new Bill proposing major reforms to Uganda’s marriage laws was introduced to Parliament on October 3, 2024, by Hon. Dorcus Acen on behalf of Hon. Sarah Opendi, the Tororo District Woman Representative.
The Bill focuses on updating marriage laws to ensure equal property rights, protect minors, and introduce modern regulations around marital arrangements.
Bill Lacks Financial Implication Certificate, But Proceeds
Despite not having a financial implication certificate from the Ministry of Finance, the Bill was allowed to proceed.
Speaker Anita Among cited section 76 of the Public Finance Management Act, which allows a Bill to move forward if the certificate is not granted within 60 days of the request.
Equal Property Rights for Spouses, Both Financial and Non-Financial Contributions
One of the key aspects of the Bill ensures that both spouses have equal rights to matrimonial property, regardless of whether their contributions are financial or non-financial.
Domestic work, child-rearing, and other non-monetary contributions will be considered as valuable as monetary efforts.
Spousal Gift Ownership Clarified, Penalties for Demanding Return
The Bill proposes that any gifts exchanged during marriage will belong solely to the receiving spouse.
Under Clause 87, demanding the return of gifts in case of separation could result in a three-year prison sentence or a fine of Shs10 million.
National Marriage Register to Improve Transparency
To reduce fraudulent marriage claims, the Bill suggests creating a National Marriage Register, a public electronic database accessible for a fee.
This would allow Ugandans to verify marital status easily, ensuring transparency in marriage-related matters.
Child Marriages Face Severe Penalties
In a bid to combat child marriages, the Bill proposes harsh penalties. Clause 101 introduces a 10-year jail sentence for anyone involved in conducting, attending, or arranging a marriage involving minors.
This clause aims to fully eradicate child marriage in Uganda.
Marital Consummation Requirement: Six Months to Validate Marriage
Clause 41 of the Bill requires that newlyweds consummate their marriage within six months, or the marriage could be declared voidable.
This provision seeks to prevent marriages from being purely ceremonial and ensures genuine unions.
Financial Responsibility for Pre-Marital Debts Addressed
The Bill clarifies financial responsibilities in marriage by stating that any pre-marital debts remain the responsibility of the spouse who incurred them.
However, if the property related to those debts becomes part of the matrimonial estate, the debt may be shared between spouses.
Penalties for Bigamy Introduced
In an effort to reduce bigamy, the Bill proposes penalties for individuals who knowingly marry someone already in a monogamous union.
Clause 92 suggests a punishment of up to five years in prison or a Shs10 million fine for those found guilty.
History of Marriage Bills in Uganda: Controversial Proposals
This is not the first time Uganda has attempted to legislate marriage reforms.
The Marriage and Divorce Bill of 2009 faced significant opposition, particularly around controversial clauses such as the prohibition of bride price and widow inheritance.
Despite repeated efforts, the Bill has faced resistance due to cultural and religious disagreements.
Past Efforts to Reform Marriage Laws Faced Pushback
Earlier attempts to update Uganda’s marriage laws, including the Domestic Relations Bill of 2003, were met with strong opposition from religious groups, especially Muslims, due to its ban on polygamy.
The Bill was later divided, but still faced backlash, delaying its passage.
Next Steps: Bill Referred to Parliamentary Committees for Review
The current Bill has been referred to Parliament’s Committees on Legal and Parliamentary Affairs, as well as the Gender Committee, for further discussion and review before it moves to the next stage in the legislative process.
