New marriage bill provides for property rights, child protection

PARLIAMENT – A Bill that will bring series of landmark reforms aimed at updating Uganda’s marriage laws has been presented before Parliament. 
The Bill proposed by Tororo District Woman Representative, Hon. Sarah Opendi was tabled on her behalf on Thursday, 03 October 2024 by Alebtong District Woman MP,  Hon. Dorcus Acen. 
The Bill focuses strongly on equal property rights, the protection of minors, and new regulations on marital arrangements.

The Bill was presented without a certificate of financial implication from the Ministry of Finance, Planning and Economic Planning.

According to the Speaker Anita Among who presided over the sitting, whereas section 76 of the Public Finance Management Act requires a Bill at the First Reading to be accompanied with a certificate of financial implication, the particular Bill was not granted a certificate of financial implication within 60 days of the date of request.
“Section 76(4) of the Public Finance Management Act provides that, a certificate of financial implication shall be deemed to have been issued after 60 days of the date request of the certificate,” the Speaker ruled.
One of the key proposals ensures equal rights to matrimonial property for both spouses, whether their contributions are financial or non-financial.
“This Bill recognises that domestic work, child-rearing, and other non-monetary efforts are just as valuable as monetary contributions. Every spouse, regardless of their income, has equal rights to property,” says Opendi.

The Bill also addresses spousal gifts stipulating that any gifts exchanged during marriage belong solely to the receiving spouse.
This proposal, intended to prevent disputes over gifts in the event of separation, comes with a penalty for those demanding the return of gifts.
Under Clause 87, a person found guilty could face up to three years in prison or a Shs10 million fine.

Opendi has also proposed establishing a National Marriage Register to electronically store the details of all married people in Uganda. Accessible by the public at a fee, the register ensures transparency in marital status.
“This will reduce instances of fraudulent claims of marriage and give Ugandans a secure way to verify marital status,” Opendi states in her Bill.

Another pivotal aspect of the Bill tackles child marriages. Clause 101 proposes a 10-year jail sentence for anyone who conducts, attends, or arranges a marriage involving a minor. 
“We must protect our children from exploitation. This Bill seeks to ensure that child marriages are completely eradicated, “ she said.

The Bill also proposes a requirement for marital consummation. According to Clause 41, newlywed couples are required to consummate their marriage within six months or risk having their marriage declared voidable. 
“This clause ensures that marriages are genuine and not just ceremonial unions,” the Bill states.

The Bill also deals with financial responsibilities within marriages, specifically addressing pre-marital debts. 
According to Clause 51, liabilities incurred before marriage remain the sole responsibility of the spouse who bore them, unless the property involved becomes part of the matrimonial estate, at which point the debt may be shared.
In a move aimed at curbing bigamy, the Bill proposes penalties for individuals who knowingly marry someone already in a monogamous union. Clause 92 recommends a sentence of up to five years in prison or a fine of Shs10 million for those found guilty.

This is however not the first time that a Bill legislating marriage is being in the House. 
Initially tabled in Parliament as the Marriage and Divorce Bill in December 2009, the draft sought to modernise Uganda’s marriage laws by recognising various forms of marriage, addressing marital rights and duties and providing clear guidelines for the dissolution of marriage. 
Among its most controversial clauses was the prohibition of the return of bride price and the outlawing of widow inheritance.

The original draft also equalised divorce provisions, correcting prejudices that allowed men absolute rights to initiate and control divorce proceedings. It further challenged customary norms by introducing a clause that bride price could not be treated as a prerequisite for marriage.

Speaker Among referred the Bill to the Committees of Legal and Parliamentary Affairs and that of Gender.

Later, the Domestic Relations Bill  was introduced  in 2003 but  faced strong opposition from Muslim groups, who rejected its provisions banning polygamy. 
In 2006, after continued pushback, particularly from religious groups, the bill was split into two; the Muslim Personal Law Bill which covered Muslim marriages and the Marriage and Divorce Bill that applied to other recognised marriages in Uganda.

The revised draft of the Marriage and Divorce Bill sparked controversy again when religious leaders and sections of the public argued that the proposals within it contradicted African cultural practices. As a result, despite being tabled multiple times, the Bill was shelved stalling its enactment.