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The Marriage and Divorce Bill

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The Marriage and Divorce Bill 2009 is an important legislative initiative in Uganda, aimed at consolidating all laws related to marriage celebration and dissolution, except for the Marriage of Mohammedans Act. The Bill seeks to uphold constitutional guarantees concerning marriage, incorporate international best practices, and address practical innovations related to property, consortium, and marital disputes.

The project to advance the Marriage and Divorce Bill was revived in 2016 with the primary goal of advocating for its swift passage. Due to resistance from stakeholders and the public, the project involved a strategic workshop to plan an effective advocacy approach. During this workshop, it was decided to rebrand the Bill as the Marriage Bill, conveying a more positive image, and to remove contentious clauses on cohabitation for separate study. The project's rationale was to regulate socialization processes involving marriage breakdown and the potential impact on society and governance without proper social control mechanisms.

The Commission responsible for the Bill redrafted it as the Marriage Bill, 2017, while simultaneously developing a separate Bill for the removed clauses. However, stakeholders advised against tabling the Marriage Bill 2017, fearing it would set back the quick passage process. Instead, they suggested preparing proposals to amend the Marriage and Divorce Bill 2009.

The proposals for amendments were subsequently submitted to the Minister of Justice and Constitutional Affairs and the Attorney in 2018 for further handling and consideration.

Overall, the Marriage and Divorce Bill 2009 project aimed to consolidate marriage laws in Uganda, introduce crucial changes, and facilitate its passage by addressing stakeholders' concerns and streamlining the legislative process.

The study was published in a report which available for download on the Commission website;
www.ulrc.go.ug

Category: Completed Projects

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