Men to face jail over marriage gifts if the new marriage bill passes

12 May 2025, 10:05 am

By Ronald Ssemagonja

The Marriage Bill, proposed by Tororo District Woman Member of Parliament 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.

The bill introduces penalties for practices previously accepted under custom, such as the retrieval of marriage gifts after the end of a union. It aims to fill legal gaps and address unconstitutional provisions in existing laws, including outdated clauses in the current Marriage Act that prioritise legal marriage over customary unions.

A major focus of the bill is to harmonise the rights of both men and women, especially in divorce proceedings, where current laws apply different standards. If passed, it will formally recognise various forms of marriage in Uganda.

Under the proposed law, any couple intending to marry must submit a written notice to the registrar of marriages at least three weeks before the ceremony. Once received, the registrar will publish the notice according to regulations to be set by the minister. The marriage must then take place within three months after the notice period has ended.

The bill also sets 18 years as the minimum legal age for marriage and prohibits unions between individuals closely related by blood, law, or clan. Ceremonies must be conducted by a licensed registrar and should align with the cultural, religious, or personal practices of those getting married.

Additionally, the bill includes a clause that prohibits DNA testing of a child born during marriage without a court order aiming to protect the child’s legal status and family integrity.

Importantly, 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 treat them as matrimonial property. Each spouse will have equal rights to these assets.

Regarding marriage gifts, the bill makes it a criminal offense to reclaim them after a marriage ends. Offenders may face a fine of up to Uganda Shillings 10 million, imprisonment for up to three years, or both. Breaching a promise to marry could result in court-ordered compensation. In such cases, the aggrieved party may also seek the return of gifts exchanged in anticipation of a marriage that did not take place.

If passed, the law would also penalise couples who cohabit without formalising their union. Such individuals could face a fine of Shs 10 million, imprisonment for up to three years, or both.

However, the Inter-Religious Council of Uganda has urged Parliament to draft a separate law to regulate cohabiting relationships, particularly to protect the rights of children and property in such unions. “We advocate for criminalisation but recognise the reality of many cohabiting relationships,” said Pastor Serwadda.

Human rights lawyer George Musisi noted that such bills are usually developed with input from legal experts, including those from the Ministry of Justice. “As long as this isn’t outright unconstitutional, it can propose wide-ranging provisions and punishments. But it’s still just a draft. Parliament will scrutinise it clause by clause,” he said.