Marriage Bill proposing tougher penalties back on MP's order paper

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Members of Parliament (MPs) are Tuesday (March 17) set to debate a new Marriage Bill that seeks to introduce landmark reforms.

The proposed law, drafted by Tororo Woman MP Sarah Opendi, was jointly scrutinised by the Committee on Legal and Parliamentary Affairs and the Committee on Gender, Labour and Social Development.

It has been placed on the Order Paper, which is the official schedule of parliamentary business for the day.

Tabled on Opendi's behalf on October 3, 2024, by her Alebtong counterpart, Dorcus Acen, the Bill seeks, among other things, to ensure equal rights to matrimonial property for both spouses, whether their contributions are financial or non-financial.

It recognises that domestic work, child-rearing, and other non-monetary efforts are just as valuable as monetary contributions, and that every spouse, regardless of income, has equal rights to property.

The Bill also addresses spousal gifts, stipulating that any gifts exchanged during marriage belong solely to the receiving spouse. This proposal, intended to prevent disputes over gifts in the event of separation, comes with penalties for those who demand their return.

Additionally, the Bill proposes the establishment of a national marriage register to electronically store details of all married persons in Uganda. Accessible to the public at a fee, the register is intended to ensure transparency in marital status.

“This will reduce instances of fraudulent claims of marriage and give Ugandans a secure way to verify marital status,” Opendi states in the Bill.

In clause 101, the Bill proposes a 10-year jail sentence for anyone who conducts, attends, or arranges a marriage involving a minor.

“We must protect our children from exploitation. This Bill seeks to ensure that child marriages are completely eradicated,” Opendi says.

The Bill also introduces a requirement for marital consummation. According to clause 41, newly married couples must consummate their marriage within six months or risk having it declared voidable.

“This clause ensures that marriages are genuine and not just ceremonial unions," the Bill states.

The proposed law further addresses financial responsibilities within marriage, particularly pre-marital debts. According to clause 51, liabilities incurred before marriage remain the sole responsibility of the individual who incurred them, unless the property becomes part of the matrimonial estate, in which case the debt may be shared.

The Bill also proposes penalties for individuals who knowingly marry someone already in a monogamous union. Clause 92 recommends a sentence of up to five years in prison or a fine of sh10m for those found guilty.