Uganda’s Constitutional Court has ruled against no-fault divorces, emphasizing that changes to marriage laws must go through Parliament, while calling for equal property protections for both spouses.
Mbale, Uganda | In a landmark 4-1 decision, Uganda’s Constitutional Court has upheld provisions in the Divorce Act requiring couples to provide reasons before dissolving their marriages, rejecting petitions that sought unrestricted, no-fault divorces. Justice Hellen Obura, delivering the lead judgment, emphasized that divorces without inquiry would undermine the Constitution and bypass Parliament’s authority to legislate on such a fundamental social matter.
“The norms, values, and aspirations of the people of Uganda, as plainly stated in the Constitution, protect and preserve the family, marriage, and children,” Justice Obura wrote. She stressed that any overhaul of divorce laws must occur through a legislative process with broad public consultation, warning that unilateral divorces could disrupt social order in Uganda, a nation with strong cultural and religious foundations.
The petitioners including Innocent Ngobi, Nicholas Opiyo, Isaac Mugerwa, Dr. Busingye Kabumba, and Stella Nakagiri argued that several sections of the Divorce Act Cap. 249 were unconstitutional. They claimed that marriage is based on mutual consent, and either spouse should have the right to end it independently. They also challenged provisions that protect only the wife’s property during divorce proceedings.
While the court rejected the no-fault divorce argument, it agreed that existing laws discriminated in favor of wives regarding property protection. Justice Obura recommended amending the law to extend property safeguards to husbands during divorce, promoting fairness for both parties.
Justices Asa Mugenyi, Moses Kawumi Kazibwe, and Eva Luswata supported the majority ruling, while Justice Fredrick Egonda-Ntende dissented. He argued that courts should not probe the reasons for a divorce once consent has broken down, though he agreed on the need for equal property protections.
The ruling reinforces Parliament’s role in shaping divorce legislation and signals that changes to marital law in Uganda must balance constitutional protections, cultural norms, and gender equity. Couples seeking divorce are reminded that legal procedures require transparency and adherence to established law, ensuring both spouses’ rights are respected.
Takeaway:
Ugandans are reminded that marriage dissolution remains a carefully regulated process, balancing personal freedom, family protection, and societal stability. Citizens advocating for no-fault divorces are encouraged to pursue legislative channels to effect change.