Uganda’s Constitutional Court has upheld provisions of the Divorce Act that oblige couples to provide reasons before dissolving their marriages, rejecting a petition that sought to introduce no-fault divorce.
In a 4-1 ruling delivered on Tuesday, the judges said scrapping the requirement would undermine constitutional values that protect family and marriage.
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Delivering the lead judgment, Justice Hellen Obura said allowing couples to divorce without explanation would amount to reshaping family law without parliamentary debate or public consultation.
“The Constitution safeguards the family, marriage, and children as fundamental social institutions. Any major reform of divorce laws should come through legislation and wide stakeholder engagement, not judicial decree,” Justice Obura stated.
The petition, filed by activists including Innocent Ngobi, Nicholas Opiyo, Isaac Mugerwa, Dr Busingye Kabumba, and Stella Nakagiri, argued that requiring reasons for divorce violated constitutional rights. They maintained that marriage is founded on consent and that either partner should be able to withdraw that consent without further justification. The group also challenged sections of the law that protect only the wife’s property during separation, calling the provisions discriminatory.
While the court dismissed most of the petitioners’ claims, it agreed that the property protections were unfairly one-sided. Justice Obura urged lawmakers to amend the law to ensure equal treatment of both spouses.
Justices Asa Mugenyi, Moses Kawumi Kazibwe, and Eva Luswata concurred with Obura’s reasoning. However, Justice Fredrick Egonda-Ntende dissented, arguing that once consent between partners breaks down, courts should not probe further into the reasons. He also supported extending property safeguards to both husbands and wives.
The ruling preserves Uganda’s long-standing divorce framework but signals possible legislative reforms to address gender discrimination in property protection.
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