Men face jail over marriage gifts

Under a sweeping new marriage bill currently under parliamentary debate, Ugandan men could face up to three years in prison—or be fined Shs 10 million—for demanding the return of marriage gifts from a spouse’s family.

The Marriage Bill, proposed by Tororo district Woman MP Sarah Opendi and presented by Alebtong district Woman MP Dorcus Acen, seeks to overhaul Uganda’s marital laws by codifying key elements of marriage, from registration and property rights to separation and dissolution.

It also introduces penalties for actions previously considered customary, such as the retrieval of marriage gifts following the end of a union.

A NEW LEGAL LANDSCAPE FOR MARRIAGE

According to Acen, the proposed legislation aims to fill legal gaps and correct unconstitutional provisions in existing laws. These include outdated clauses in the current Marriage Act that set the legal age of marriage at 21 and establish civil marriages as superior to customary ones.

The bill also aims to harmonize rights for both men and women, particularly in divorce proceedings, where current laws apply different standards. If passed, the bill will formally recognize various forms of marriage, including Bahá’í, Christian, Civil, Hindu, Customary, and Islamic marriages.

The Minister will also have the power to recognize other types of marriage by statutory instrument.

HOW THE PROCESS WOULD WORK

Under the new provisions, any couple intending to marry must submit a written notice to the registrar of marriages at least 21 days before the ceremony. Once received, the registrar will publish the notice in accordance with regulations to be set by the minister.

The marriage must take place within three months after the 21-day period has lapsed. To improve transparency and reduce fraud, the bill proposes the creation of a National Marriage Register—a public, electronic database of all legally married individuals in Uganda. Accessible at a fee, it would allow anyone to verify someone’s marital status.

WHO CAN MARRY AND HOW

The proposed legislation sets 18 as the minimum legal age for marriage and prohibits unions between people who are closely related by blood, law, or clan. Ceremonies must be conducted openly by a licensed registrar and must align with the cultural, religious, or personal practices of those getting married.

One of the bill’s cornerstones is gender equality within marriage. Both spouses are granted equal rights to the consortium—the companionship and obligations shared in marriage. Women will have the option to keep their maiden name, adopt their husband’s surname, or use both.

If the marriage ends, the woman may stop using her husband’s name. Additionally, the bill includes a clause preventing DNA testing of a child born during marriage without a court order, reinforcing the child’s legal protection and family integrity.

MATRIMONIAL PROPERTY AND SHARED LIABILITIES

The bill clearly defines matrimonial property to include the family home, household items, and other assets acquired by either spouse before or during the marriage—provided both parties agree to consider them matrimonial property.

Each spouse will have equal rights to access, use and dispose of these assets unless an alternative agreement exists. Furthermore, debts incurred for the family’s basic needs are considered joint responsibilities.

However, if one spouse accumulates debt without the other’s consent, they alone will bear the responsibility—unless agreed otherwise.

CRIMINAL OFFENCES: A CULTURAL SHIFT

One of the more controversial aspects of the bill is the criminalization of certain customary actions. For instance, reclaiming marriage gifts is now considered a criminal offense. Offenders may face a Shs 10 million fine, up to three years in prison, or both.

False claims of marriage—referred to legally as “jactitation of marriage”—will attract the same penalties. A person who pretends to be a spouse under the Act can also be charged and penalized similarly.

Breaching a promise to marry could result in court-ordered damages. In such cases, the aggrieved party may also request the return of any gifts given in anticipation of the marriage that never materialized.

The bill also seeks to punish individuals who knowingly marry someone already in a monogamous union. Such a person may be fined Shs 10 million, jailed for up to five years, or both.

COHABITATION IN THE CROSSHAIRS

In a joint session of parliament’s Legal and Parliamentary Affairs committee and the Gender, Labour, and Social Development committee, the Inter-Religious Council of Uganda (IRCU) supported the proposal to criminalize cohabitation.

Should the clause be adopted, couples who live together without formalizing their union could face three years in prison or a Shs 10 million fine. However, the IRCU urged parliament to draft a separate law to regulate cohabiting relationships, particularly to protect the rights of children and shared property in such unions.

“We advocate for criminalization but recognize the reality of many cohabiting relationships,” said Pastor Joseph Serwadda, a representative of the IRCU.

“We recommend a separate legal framework to address these unique situations.”

WHAT COMES NEXT

According to human rights lawyer George Musisi, bills such as this are typically drafted with help from legal experts, including those from the ministry of Justice.

“As long as the draft isn’t outright unconstitutional, it can propose wide- ranging provisions and punishments,” Musisi explained.

“But it’s still just that—a draft. Parliament will now scrutinize it clause by clause.” Even if passed, any clause believed to be unconstitutional can still be challenged in court. “The process is ongoing,” Musisi added. “The bill’s contents may still change. Parliament has the power to retain, revise, or strike out anything they see fit.”