MPs set to debate new marriage Bill spelling out tough penalties
The Bill also seeks to address spousal gifts, stipulating that any gifts exchanged during marriage belong solely to the receiving spouse.
Parliament of Uganda. (File photo)
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Members of Parliament (MPs) are today (March 12) set to debate the contents of a new Marriage Bill that seeks to introduce landmark reforms.
The proposed law, drafted by Tororo Woman MP Sarah Opendi, was jointly scrutinised by the Committee on Legal and Parliamentary Affairs and the Committee on Gender, Labour and Social Development.
The Bill will reach its final stages on the floor of Parliament today after being placed on the Order Paper, which is the official schedule of parliamentary business for the day.
Opendi will read it for the third time, giving the House a final opportunity to debate its contents before it is passed.
Tabled on her behalf on October 3, 2024, by her Alebtong counterpart Dorcus Acen, the Bill seeks, among other things, to ensure equal rights to matrimonial property for both spouses, whether their contributions are financial or non-financial.
It recognises that domestic work, child-rearing and other non-monetary efforts are just as valuable as monetary contributions and that every spouse, regardless of income, has equal rights to property.
The Bill also seeks to address spousal gifts, stipulating that any gifts exchanged during marriage belong solely to the receiving spouse.
This proposal, which is intended to prevent disputes over gifts in the event of separation, introduces penalties for those who demand the return of such gifts.
In addition, the Bill proposes the establishment of a national marriage register to electronically store the details of all married people in Uganda. Accessible to the public at a fee, the register is intended to improve transparency regarding marital status.
“This will reduce instances of fraudulent claims of marriage and give Ugandans a secure way to verify marital status,” Opendi states in the Bill.
In clause 101, the Bill 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,” Opendi says.
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 proposed law also addresses financial responsibilities within marriages, particularly pre-marital debts.
According to clause 51, liabilities incurred before marriage remain the sole responsibility of the spouse who incurred them, unless the property involved becomes part of the matrimonial estate, at which point the debt may be shared.
The Bill also 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 sh10m for those found guilty.