Uganda law reform commission, study reform on marriage and divorce in uganda publication no. Uganda oecd development centres social institutions and. The amendment allows for the heads of the families fathers of the husband and wife to declare the divorce final following the customary tribal divorce proceeding. Defines marriage as the voluntary union of a man and a woman whether monogamous or polygamous and registered in accordance with the act. The bill also provides for equal sexual rights and establishes more equitable grounds for divorce. The uganda marriage and divorce bill 2009, which aims to reform and consolidate laws on marriage, separation and divorce, is on parliaments agenda this month. Objective of the bill the objective of this bill is to reform and consolidate the laws governing marriage,provide for the types of marriage, marital rights. Although it would be an important step forward for womens rights in marriage, many provisions of the bill remain controversial. Read uganda s covid19 regulations and related law the marriage and divorce bill, 2009. Why kenya must not pass its revised marriage property bill.
Married women have been granted significant new protections under a new marriage bill, which goes before parliament tuesday. Womens rights to property in marriage, divorce, and. The proposed marriage law the uganda law reform commission has developed legislative proposals to govern the institution of marriage. The controversial bill may alter the contours of illegitimacy, as it would legally recognize cohabitation in relation to property rights after a fiveyear period, regardless of formal. The law reform commission has changed the name of the marriage and divorce bill into marriage bill.
Activists renew demand for marriage and divorce bill. The uganda joint christian council has also issued various statements warning against passing the bill arguing its provisions like inducements for divorce, turning cohabitation into marriage, and. Cohabitation, marriage and remarriage patterns in africa. Marriage voluntary union of a man and a woman sec 31. This oversight was noted in the select committee stage of the bill though. At the last tabling of the bill before parliament in february 20, it was. Family law in uganda covers who can get married, the types of marriage that are legal, what makes a. An analysis of the marriage and divorce bill 2009 by. The media should be used to disseminate information about issues of national importance. The marriage and divorce bill 2009 recognizes the rights of cohabiters in sharing property after termination of cohabitation. The cohabitation clause in the proposed marriage and divorce bill. Further analysis showed that, if one takes the agespecific divorce rate for men and women, interesting discoveries are made. Ugandan religious leaders are making a losing argument by mo on april 1, 20 0 it is clear, therefore, that for opponents of the bill, conjuring up the presumed immorality of cohabitation or simply referencing a few bible verses on christs teachings.
The domestic relations bill, which has languished in parliament for more than a decade, would afford women and girls greater equality in matters relating to. Land is the base on which all other activities are carried out. Ulii is a member of the global free access to law movement and of the african lii community. Divorce act chapter 249 4 years ago admin laws and acts governing the system. The majority of couples both married and those in consensual unions. Ugandas constitution 1995 provides constitutional guarantees to protect the rights of women in marriage. According to the uganda law reform commission, the bill is a comprehensive study because all relevant stakeholders were consulted. The marriage, divorce and family relations law will among other issues address the issues of child marriages in malawi, as it raises the age of marriage to 18 years old, a complex issue, rooted deeply in gender inequality, tradition and poverty. Divorce or the dissolution of marriage, according to the wikipedia, the online dictionary, is the final termination of a marital union, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties involved. The declaration must confirm the date, place, and time of the divorce, such as customary tribal.
Of course, serving him in uganda might be a problem. Grounds of divorce for islamic marriages governed by islamic law. The bill allows women to be stripped of family property, including their home, upon the divorce or death of their husband global development is supported by about this content. This article examines womens rights to property in marriage, upon divorce, and upon the death of a spouse in uganda, highlighting the problematic aspects in both the statemade statutory and nonstatemade customary and religious laws. The proposed bill provides for types of marriage, marital rights and duties, separation and divorce. The marriage and divorce bill as it stands today is a product of several consultations. The proposed kenya marriage bill 20 linkedin slideshare. Mps question property separation in marriage and divorce.
The african ejournals project has digitized full text of. The bill in its various iterations has been waiting for parliamentary approval for approximately 40 years. A 20 uganda bureau of statistics study found that there are more. Malawi passes the marriage divorce and family relations. Cohabitation which was at the centre of the controversy when the bill was first introduced has been removed. Ugandan religious leaders are making a losing argument. It considered the written evidence of three persons and the oral evidence of two. Equality both parties to marriage have equal rights all through sec 32. This was said by residents during a consultative meeting on the bill convened by susan namaganda, the bukomansimbi district woman mp at kiganganzi trading center in bigasa sub county. Why proponents are probably on the wrong side of history by mo on march 28, 20 0 as it currently stands, the cohabitation clause presents an unambiguous problemthe false suggestion that cohabitation is a legally acceptable alternative to marriage. It is hardly surprising that the newly published marriage bill, 20, has caused so much excitement among kenyans, especially those who have not and will not read it. Ugandas marriage and divorce bill on the table, again. The cohabitation clause in the proposed marriage and.
Act on the issues of divorce, property rights and inheritance in uganda are. Nothing in this act shall authorise the making of any decree of dissolution of marriage unless the petitioner is domiciled in uganda at the time when the petition is presented. Jamil ddamulira mujuzi, senior lecturer, faculty of law, university of the western cape and research fellow, community law center, university of the western cape. Hindu marriage and divorce act 1961 uganda legal information institute seventh step has been taken. According to the uganda law reform commission, the bill is a comprehensive study because all. The bill previously stated that even in a cohabitation relationship, the parties had the right to share property. An act to make provision for marriage, divorce and family relations between spouses and between unmarried couples, their welfare and maintenance, and that of their children. Marriage bill, 20 kenya law reform commission klrc. According to the law dictionary featuring blacks law dictionary, the word land includes not. A number of these issues are coming to the forefront in light of the marriage and divorce bill 2009 which is being debated in and outside parliament.
Read ugandas covid19 regulations and related law the marriage and divorce bill, 2009. The marriage bill, 20 397 schedule repealed acts the marriage bill, 20 a bill for an act of parliament to amend and consolidate the various laws relating to marriage and divorce and for connected purpose enacted by the parliament of kenya as follows part ipreliminary short title. Malawi marriage, divorce and family relations bill passed. Marriage and divorce bill a remedy to ugandan womens woes.
Africa is home to innumerable tribes, ethnic and social groups, some representing very large populations consisting of millions of people, others are smaller groups of a few thousand. Legislation should ensure that constitutional protections are implemented by and promoted in civil laws. Ugandas national land policy was adopted by parliament in 20, and is an attempt to provide a. By ochiel j dudley, legal researcher laws of kenya department. Family law and marriage laws violence against women. Ugandas marriage and divorce bill of 2009 is finally being debated in its parliament.
The paper discusses domestic and international law and islamic family law in arguing that the reforms, while a step forward, do not go enough, offers arguments and alternatives and examines the particular situation of muslim women. The marriage and divorce bill is still causing utmost discomfort amongst citizens. The new malawi marriage, divorce ad family relations billpassed by parliament last week here is the summary. It argues that, with the exception of the 1995 constitution, the subordinate laws that regulate the distribution. Importantly, it establishes the minimum age for marriage at 18 years, guarantees equal rights to both parties at, during and upon dissolution of the marriage. Uganda law reform commission and other related institutions with a similar mandate should carryout out massive countrywide sensitization of the communities on all the laws of uganda and particularly the marriage and divorce bill. Places of worship to be licensed for celebration of marriages preliminaries to marriage 7.
However, cohabitation is not a form of marriage recognized in uganda. Since your marriage in uganda would be recognized in the states, as long as changing your name when getting married in uganda is legal, then i see no reason the ss person should have questioned your request. The legal and parliamentary affairs committee report presented by sarah mpabwa caused uproar among mps when she mentioned the bills recognition. Residents of bukomansimbi have asked parliament to trash the marriage and divorce bill 2009 saying it is poisonous because it is silent on children. The select committee on the matrimonial causes bill sat from monday 9 till thursday 12 october 1972. After being rejected by parliament in 2006, the bill was split into a muslim personal law bill, which covers muslim marriages, and the marriage and divorce bill for the other religious denominations. Know your newadditional obligations in marriage now. The bill seeks to consolidate existing marriage laws into a single act currently seven.
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