Wedding in church is no guarantee your marriage is legal

Oct 06, 2006

<b>Is your marriage valid? </b><br>This may be a startling question, but every married couple had better read on. According to the laws governing marriage recognition, your ring may be intact, wedding certificate safe and photographs framed, but still, your marriage could be null and void.

By Esther Alalo

Is your marriage valid?
This may be a startling question, but every married couple had better read on. According to the laws governing marriage recognition, your ring may be intact, wedding certificate safe and photographs framed, but still, your marriage could be null and void.
If the church or mosque or customary arrangement that wedded you did not file your marriage item with the registrar general, you are not legally recognised as married even if you are at your church, mosque or society.
“Embassies usually call to verify whether a visa applicant is married,” said the assistant registrar Antonny Oyuko Ojok. “When we don’t have their names in our registers, they conclude the applicant is a conman”.

Authority
According to Oyuko, the duty of instituting and recognising a marriage is vested in the state. The state delegates this authority to other institutions it registers, who conduct marriages on its behalf. That is why, he said, civil marriage is the safest and most direct.
He said civil marriages in Kampala are conducted at the office of the registrar and in districts; it is done at the office of the chief administrative officer.

Registration
But if the person who presided over the marriage or the venue is not properly registered with the Registrar General, your marriage is null and void before the law.
According to the Marriage act, any marriage celebrated in unregistered premise and conducted by unauthorised minister is null and void.
“That means no marriage has taken place,” said Bisereko Kyomuhendo, the Registrar General.
Even when the place and person are registered as authorised, the people responsible must forward the names of the newly-wed to the Registrar General.
Unfortunately, most people are ignorant of these legal requirements and don’t mind where their marriages are celebrated as long as it is their favourite pastor or church. “People need to be sensitised,” said Bisereko.
Pastor Franco Onaga, assistant church administrator at Kampala Pentecostal church, said there is provision in the marriage act, where couples can select their own venues, not necessarily a place of worship and apply, specifying where they want their marriages to be celebrated from.
They are charged a given amount of money and that the event has to be a one-time thing.

Churches
The Registrar General said mainstream churches were licensed many years ago and whatever branches they are opening up later operate under the gazette. But these still have to forward the names of the wedded couples to the Registrar General for entry in the general register.
“Churches are supposed to forward returns on quarterly basis. Unfortunately, most of them do not,” said Oyuko.
The biggest problem is with new churches, especially the born-again Christians. “Not all born-again churches have permission to wed, but some people do not know,” Oyuko said.

Pastors speak
Onaga said while some pastors are ignorant about the Marriage Act, there are those who know, but are just reluctant to implement it. “It is a spiritual thing to respect laws because it is God who appoints people into positions. Pastors should, therefore, begin reading the law and get acquainted with it,” said Onaga
However, the Omega Healing Centre pastor, Michael Kyaze, who conducts mass weddings, said that the marriage act is unfavourable and needs to be revisited.
“The process of registration and getting licensed is long and involves a lot of money, which many upcoming churches cannot afford. Some pastors have had to bribe their ways through and others who have registered are exploiting their members,” said Kyaze.
Omega Healing Centre was not in the registrar’s register, but Kyaze said they are licensed under Grace Assemblies.
Kyaze appealed to government to allow more players to bring services closer to the people. He said even public places can be licensed.
“Why not? Such places contain all the necessary requirements for the day such as cameras, reception ground and meals.
“This is how things are usually done in the west. This would reduce on the costs and time wastage,” Kyaze said.
Pastor David Makoko, who deals with marriage issues at Miracle Centre cathedral, was not willing to talk without his lawyer or consent of Pastor Robert Kayanja and Pastor Senyondo from Kansanga Miracle Centre. He said he had to first seek consent from Pastor Kiwewesi.

Certificates
Oyuko says authorised churches are supposed to hang their certificates in a conspicuous place, but many do not. “We are not facilitated enough to enforce compliance, that is why we resort to mass education.
Onaga said many Christians do not know the difference between the certificate issued by the registrar of marriages and the one printed by the church.
“The only legally recognised certificates are those issued by the Government. The other one is just for prestige.”
The government, according to Oyuko, distributes single copies to churches and then authorises them to print their own copies following the format in the copies distributed. Each certificate contains three copies: One returns to the registrar’s office, one remains at the church and the other is given to the couple.
How can you know that your marriage was properly registered?
According to Oyuko, you can go to the Registrar General’s office at Amamu House, George Street, Kampala (near TLC) and, for a search fee of sh25,000, check if your record is there.
“I would advise couples planning to wed in born-again churches to first demand the certificates of registration to wed.
“They may even come and verify them at our offices”, he said.
Oyuko added that their office cannot take legal action against churches, which do not comply because they are not facilitated. “But if anyone sues a church to seek compensation, we can support you with documents,” he said.
He also calls upon registered churches to act as agents of enforcement to stop unauthorised churches from wedding people.
Ends

(adsbygoogle = window.adsbygoogle || []).push({});