All what you need to know about marriage registration in Uganda

_______________

OPINION

By Mercy K. Kainobwisho

There’s a famous quote attributed to former British prime minister Winston Churchill who coined the famous “Pearl of Africa” tag line while referring to Uganda’s natural beauty.

Churchill, who was popular for his wit and mastery of the English language is quoted at many wedding ceremonies as having said that his most brilliant achievement in life was the ability to persuade his wife to marry him.

Although he might have said it in jest, his remark elaborates the central role marriage plays in one’s life and society as a bedrock of family.

The United Nations defines marriage as “the act, ceremony or process by which the legal relationship of spouses is constituted”. The legality of the union may be established by civil, religious or other means as recognised by the laws of each country.

Types of marriages in Uganda

In Uganda, a marriage is a union between a man and woman.

There are five types of marriages that are recognised in Uganda.

First are the customary marriages which are potentially polygamous and celebrated in accordance with the customs of a Ugandan community and one of the parties to which is a member of that community.

In Buganda, for example, a Kwanjula will be such a marriage, and Nyom in certain parts of northern Uganda.

The second are the civil marriages which are monogamous in nature and celebrated in the office of the Registrar General (URSB) for residents of Kampala and in the offices of chief administrative officers (CAO) for the other districts.

Third are the church marriages which are monogamous in nature and celebrated in licensed places of worship in accordance with the rites of the Christian faith. Here, the place of worship that celebrates a marriage must be licensed for such purpose and the marriage celebrated by an authorised member of the church, denomination or body.

It is important to note that marriages celebrated in unlicensed places of worship breach the law and are, therefore, voidable. The Minister of Justice and Constitutional Affairs may, however, license a public place other than a place of worship for purposes of celebrating a marriage by issuing a “special licence”.

Once a license is issued for such a request, a minister of the church, denomination or body or a registrar of marriages in case of a civil marriage, is granted the authority to celebrate a valid legal marriage at such place.

The fourth type of marriages are the Hindu marriages that are celebrated in accordance with the rites and observances of the Hindu faith.

Fifth and finally are the Muslim marriages celebrated in accordance with the Muslim faith.

Registration of marriages

The 2019 United Nations guidelines for the legislative framework for civil registration, vital statistics and identity management systems and the Convention on Consent to Marriage, minimum age for marriage and registration of marriages provide for all marriages to be registered in an appropriate official register by a competent authority.

This right to register a marriage must be universally available to all, and should capture all marriages occurring in every geographical area and every population group in the country.

In Uganda, the law requires the registrar of marriages to register every marriage celebrated in his/her marriage district in a prescribed form.

The law has also provided in some instance penalties for none or delayed registration.

For example, under the Customary Marriage (Registration) Act, the law provides that the parties to a customary marriage shall, as soon as may be, but in any event not later than six months after the date of completion of the ceremonies of marriage, attend at the office of the registrar of the marriage district in which the customary marriage took place, with at least two witnesses to the marriage ceremonies, to register details of the marriage.

The sub-county chief/town clerk where the customary marriage took place is the appointed registrar of this marriage.

The duty to register is placed on the celebrant in civil and religious marriages and on the parties in the case of customary marriages.

The law penalises any person who, being under a duty to fill out the certificate of marriage celebrated by him or her, or to transmit the certificate to the registrar of marriages, wilfully fails to perform that duty.

Such person is liable on conviction to imprisonment for a period not exceeding two years. The couple, however. needs to take particular interest in the registration as the primary beneficiaries of the registration. Currently, Uganda Registration Services Bureau (URSB) accepts a couple to register their marriage upon presentation of a duly filed and signed prescribed form (Form F) and a cover letter from the officiating licensed religious entity.

It is important to note, however, that non-registration does not invalidate a marriage. Equally, registration does not validate an otherwise invalid union.

Why marriage registration is important

Numerous benefits can be cited from the registration of marriages.

The first is registration offers concrete (prima facie) proof of marriage registration eases a couple’s journey when seeking migration services.

Proof of legal unions has over the years become central in the lives of couples wishing to obtain visas for casual or more permanent travel and stay arrangements.

In matters of succession, in case of death of a spouse, the Succession Act gives priority to the surviving spouse when processing administration papers for the estate of the deceased.

In banking, upon demise of the depositor or the insurer without any nominee, it enables the spouse in claiming the Family Pension or Bank Deposits or Life Insurance Benefits.

It is also critical when accessing loans using matrimonial property as collateral, and for female spouses when changing names on passports to accommodate the husband’s name.

The writer is the Registrar General of the Uganda Registration Services Bureau