In 2019, the Commission undertook a study on cohabitation in Uganda. The study was intended to establish: the form and nature of cohabitation; the rights and obligations of persons cohabiting; and the socio-cultural and economic implications of cohabitation. The study was a follow up of consultative meetings in 2016 with key actors and stakeholders which recommended that the subject of cohabitation be studied.
Cohabitation is the act of a man and a woman openly living together without being married to each other. Cohabitation involves shared accommodation, shared sex life, shared economic resources, shared matrimonial duties, and sometimes procreation as its common features. The practice of cohabitation is common and continues to form part of societal formation.
The practice of Cohabitation is not regulated with any specific legislation despite the implications and consequences it possesses to the cohabitating parties. This has left the parties in uncertainties, prone to violence, and more fragile when the relationship ends.
The overall objective of the study was to examine the practice of cohabitation, its implications and the need for a legal and institutional framework to govern cohabitation relationships.
Qualitative and quantitative methods of data collection were used during the study. Wide consultations were undertaken to collect data in rural, semi urban and urban areas across the country.
The study established that cohabitation is a common practice in Uganda and remains unregulated. The practice of cohabitation has both social and legal implications for cohabiting parties that pose challenges. The legal challenges include uncertainty in dealing with children and property ownership during and at breakdown of cohabitation and inheritance on the death of either party and the rights of cohabiting parties. The study also established the need for specific legislation to govern the cohabitation relationships.
Recommendations
The practice of cohabitation should be recognised as a form of family formation
There is need to enact a specific law to address issues posed by cohabitation relationships. Specifically, the law should;
(a) define the nature of cohabitation to cover intention and consent of the parties and duration of the relationship;
(b) recognise property rights of cohabiting parties during and breakdown;
(c) address issues of child custody and maintenance, during and at breakdown of a cohabitation relationship;
(d) recognize the rights of cohabiting parties to have a share in the estate of a deceased partner dying intestate.
The study was completed in 2020, and recommendations submitted to the Attorney General and Minister of Justice and Constitutional Affairs for implementation.
The study was published in a report which available for download on the Commission website;
www.ulrc.go.ug
Study on cohabitation in Uganda
Download
Category:
Completed Projects