Published on 18/08/2025
Constitutional Court has ruled that couples seeking divorce in Uganda must continue to prove matrimonial offences such as adultery, desertion, cruelty, or other legally recognized grounds.
The court rejected calls to introduce a no-fault divorce system, which would have allowed couples to separate by mutual consent without assigning blame.
The ruling comes amid ongoing debates in Parliament over reforms to Uganda’s marriage laws.
Tororo Woman MP Sarah Opendi has been among legislators advocating for amendments in the Marriage and Divorce Bill to simplify divorce procedures while safeguarding women’s rights.
Top city lawyers—Nicholas Opio, Dr Busingye Kabumba, Innocent Ngobi Ndiko, Stella Nakagiri, and Isaac Ssali Mugerwa—had petitioned the Constitutional Court, challenging multiple provisions of the Divorce Act, including Section 4, which mandates fault-based grounds, and Sections 6, 7, 8, 30, 33, and 38.
They argued that these provisions are archaic, unconstitutional, and infringe on rights such as autonomy, equality, dignity, and privacy, particularly where spouses no longer wish to remain married.
The lawyers proposed a shift toward a system where courts could issue a decree nisi when spouses are unwilling to continue in the marriage without needing to establish fault.
Under the old 1904 Divorce Act, only wives could petition for judicial separation, which allowed them to live apart while remaining legally married.
The court agreed that this provision was gender discriminatory, and now both men and women can legally petition for judicial separation.
Critics of the court’s decision say maintaining fault requirements prolongs suffering for spouses in irreparably broken marriages. Supporters, however, argue it preserves the sanctity of marriage and ensures accountability.
The court’s ruling is expected to shape future divorce proceedings and the broader conversation on family law reform in Uganda.
This is a developing story.
