Divorce is the permanent ending of a formally or legally recognized marriage.
Separation is the term used in situations of termination of family relationships that from the outset are not official or because the court has ordered the separation, known as judicial separation, of a legally recognized marriage.
According to the Constitution of the Republic of Uganda (1995), “Men and women of the age of eighteen years and above have the right to marry and to found a family and are entitled to equal rights in marriage, during marriage, and at its dissolution (divorce).”
Divorces are regulated by the Divorce Act. Any married Ugandan resident can apply for a divorce. If both parties to the marriage are African, divorce may be filed in the Chief Magistrate’s court. If either of the parties is non-African, the petition has to be filed in the High Court.
Divorce proceedings include the following steps:
- Filing a petition
- Submitting supporting documents to the petition
- Issuing summons
- Responding to the petition
- Mediation
- Court hearing
- Decree Nisi, leading to Decree Absolute.
Acceptable reasons for court to grant a divorce include:
- Adultery
- Change of religion and remarriage
- Cruelty
- Bigamy
- Desertion for two years without reason
- Committing rape, sodomy, or bestiality.
However, divorce may not be granted by the court if:
- One of the parties conducted themselves in a way that encouraged the other spouse to commit the offense.
- The offended spouse encouraged, agreed with, or forgave the offense.
- In other words, the court will not grant a divorce where there is connivance, collusion, and condonation.
The purpose of these restrictions is to discourage divorce over trivial matters and to preserve the sanctity of marriage.
The final effects of divorce on a once-married couple include:
- Termination of the marriage and all rights and privileges that accrue to married people.
- The court may make orders relating to the division of property and payment of alimony or maintenance of the spouse.
- The court may also determine which spouse is to remain with the children and provide for the maintenance of the children.
- Under Islamic law, the wife retains property in her possession, and children usually remain with the father.
- Divorce means that the two parties become single again and have the rights to remarry any other person of their choice.
- Following divorce, neither party retains rights to the estate of the other in the event of death, signifying the complete termination of the relationship.
