What you should know: The internal proposals of the Marriage Bill 2024

Ms Uhiriwe filed for divorce, citing extramarital affairs on the part of her ex-husband.

Although the Family Division of the High Court in Kampala found that the said marriage, which took place on 16 December 2005, was legal, Mrs Uhiriwe’s application for the division of premium assets acquired and/or built during their marriage was not upheld .

The court found that the buildings in question, including the cattle farm, were registered in the name of Mr. Kagwa.

In another judgment handed down on January 19, 2023, the court ordered Ms Fortunate Kyarikundu to pay her ex-fiancé Mr Richard Tumwine Sh10 million as compensation for breaking her promise to marry him after completing her law degree at the Law Development Center (LDC). ).

Before delivering its verdict, the court heard that Mr Tumwine had financed Ms Kyarikunda’s studies at LDC and had made it a condition that they would eventually get married after graduating. However, Kyarikunda later changed her mind.

The contrasting results of the two above-mentioned cases partly explain why Ms Sarah Opendi took a leave of absence from Parliament to agree on the Marriage Bill 2024.

The bill, which the Tororo County representative woman introduced almost a month ago, aims to “reform, repeal and strengthen the legal framework governing marriage in Uganda.”

Its purpose was also to “provide for the recognition of marriages in Uganda, registration of marriages, marital rights and responsibilities, transition from one form of marriage to another, property rights, separation and dissolution of marriage, among others.”

Of the 106 points, 16 are devoted to the elimination of serious ailments that spouses usually suffer from before, during and after marriage. For example, Article 49 provides for equal access to property.

“Spouses have the right to equal access to marital property,” the bill reads in part, adding that “equal access includes the right to use, occupy, benefit from, enter into and dispose of the property, unless there is an agreement between the spouses to the contrary.” “

Section 45 of the Bill defines the types of property included in the matrimonial home. He is also interested in household assets as well as “seed-up funding provided by a spouse to start a business.”

The bill also establishes the basic rules for property valuation. Therefore, it establishes two types of property.

First, “any other property, whether real or personal, acquired before or during the existence of the marriage, which is considered to be the property of the spouses by the express agreement of the parties to the marriage,” and second, “property that was separate property.” property, but which is owned by the spouse.” made a contribution, except in cases where the property is related to the sale of family land.”

The matter doesn’t end there. In addition, Article 54 emphasizes that “if one spouse gives property to the other spouse during the subsistence of the marriage, there is a rebuttable presumption that the property belongs to the receiving spouse.”

Section 55 of the same bill states that a debt incurred by one of the spouses is joint and therefore becomes an obligation payable by both parties.

“When, during the existence of a marriage, a debt arises for the vital needs of the immediate family; (a) with the consent of the other spouse, the debt becomes a marital obligation to be borne equally by both spouses; or (b) without the consent of the other spouse, the debt is borne by the spouse who incurred the debt, unless the spouses agree otherwise,” the bill reads in part.

Mrs. Opendi drafted Section 61 to protect children born to married spouses by using the assets of such two persons to determine the weight of the award given to such children.

“The court, upon the application of a man or woman, shall presume a marriage in accordance with this Law for the purpose of determining the maintenance of children and property rights arising to the parties as a result of the relationship,” the bill states.

It immediately emphasizes that “for the avoidance of doubt, relationships under this part cannot be qualified as a marriage under this Law.”

However, the Bill states: “The court, in determining the rights of a child under subsection (1), shall follow the principle of the best interests of the child in accordance with the Children Act.”

The same bill mandates that any child must obtain a court order before receiving a deoxyribonucleic acid (DNA) test.

“There must be a rebuttable presumption that a child born during the existence of a marriage is the biological child of the parties to the marriage,” Section 44 of the bill reads in part, adding: “A person may not subject a child born during the existence of a marriage to marriage, existence of marriage with deoxyribonucleic acid (DNA) testing without a court order.”

Severe penalties are provided for persons who deliberately violate or intentionally enter into the institution of marriage with evil motives.

For example, the bill provides that “a person who falsely states or asserts that he is married to a specified person commits an offense known as “unlawful marriage” and “on conviction shall be liable to a fine of Sh10 million or serve three years term of punishment.” -a year in prison or even both.

In specific language, “holding under this section means living together as husband and wife, acquiring or owning property together, bearing children together, and the woman taking the man’s surname.”

Similarly, the bill states that “a person who knowingly performs a marriage ceremony with another person in an existing monogamous marriage commits an offence” which is punishable by a fine of Sh10 million or imprisonment of up to five years, or may even serve both sentences. .

The same punishment is offered to anyone who prevents a marriage between two persons intending to marry.

Likewise, a fine of Sh10 million or a five-year prison sentence is available for persons who impersonate others, for example by marrying on behalf of their siblings, who are either physically distant or otherwise not present at the wedding .

“A person who impersonates another person at a celebration, marriage ceremony, or enters into marriage under a false name or description with the intent to deceive the other party to the marriage commits an offense,” the bill reads in part.

Any “person who aids, abets or commits a void marriage” risks paying a fine of Sh10 million or serving 10 years in prison or even both, while those marrying children will be sentenced to 10 years imprisonment.

Stakeholders of the Support Her Land Uganda (S4HL) campaign, in coordination with the Uganda Community Association for the Welfare of Women and Children (UCOBAC), are largely supportive of the provisions of the bill.

Ms Jordana Wamboga, UCOBAC Program Officer, said: Monitor that the bill will be critical in “resolving many of the problems faced by people at the grassroots level as well as in urban areas, especially issues relating to property rights and also issues that affect children and marriage in general.”

“There have been so many cases of property being sold without the wife’s consent and in many cases men will tell you she is not my wife because their marriage is not properly defined. Therefore, this bill takes into account the interests of children regardless of whether the marriage has taken place,” added Ms. Wamboga.

While the bill awaits consideration in Parliament, Ms Wamboga said her organization, along with colleagues with similar interests, has begun promoting existing legislation under the Inheritance Act and the Children’s Act that protect women and children.

Following the passage of the law, Ms Wamboga believes the law will “help us teach men to move away from a mindset where they look at women as people coming to take their property, to people who are their supporters and are going to help them progress.” . their families in a positive direction.”