Kampala, Uganda – The Constitutional Court has ruled that couples seeking divorce must provide proof of legally recognized offences such as adultery, cruelty, desertion, or other forms of misconduct before a marriage can be dissolved.
The landmark decision, delivered on August 18, 2025, effectively rejects the concept of no-fault divorce, where a couple can separate without assigning blame to either party.
According to the ruling, courts will only grant divorce when one spouse can prove that the other committed a marital offence recognized under Ugandan law. This means that individuals who simply feel their marriage has broken down “irretrievably” without evidence of wrongdoing will not qualify for divorce.
Implications of the Ruling
The decision has far-reaching consequences for couples in unhappy marriages. Critics argue that it could trap people in relationships that are no longer functional, especially in cases where neither party is willing to accuse the other of adultery or desertion.
On the other hand, supporters believe the ruling protects the sanctity of marriage and prevents “easy divorces” that undermine family stability. They argue that requiring proof of fault ensures that divorce is treated with the seriousness it deserves.
Legal Context
Uganda’s divorce laws have historically been rooted in fault-based grounds, but there has been a growing debate about whether no-fault divorce should be recognized to reflect modern social realities. Human rights advocates have consistently argued that restrictive divorce laws can disadvantage women, who often face cultural and financial barriers when seeking legal separation.
With this ruling, the Constitutional Court has reaffirmed Uganda’s traditional position, leaving the possibility of reform in the hands of Parliament should lawmakers decide to revisit the matter.
Public Reaction
The judgment has sparked debate on social media and within legal circles. While some Ugandans welcome the decision as a safeguard for marriage, others see it as a setback for personal freedom and gender equality.
As things stand, couples seeking divorce in Uganda will still need to prove fault before their marriage can legally be dissolved.
