Examining the Law Governing Divorce and Sharing of Property in Uganda

Ekemiya Waiswa, Asika Winnie, Tuhaire Denis, Unihira Bravery, Hebet Peace Muiai, Agilinya Penlope, and Akirunda Tony

School of Law, Kampala International University, Uganda

ABSTRACT

This article examines the legal framework governing divorce and property distribution in Uganda, revealing that children’s rights are often compromised during divorce proceedings. Despite constitutional guarantees ensuring children the right to know and be cared for by their parents, these rights are frequently overlooked. The article advocates for the adoption of a no-fault divorce system, suggesting that the sole ground for divorce should be the irretrievable breakdown of the marriage. This approach would eliminate discriminatory grounds for divorce, focusing instead on the spouses’ inability to continue living together. Moreover, the government has a responsibility to create a conducive environment for the introduction and enforcement of new laws that uphold these principles. This includes recognizing and promoting women’s rights to equal treatment and legal protection. The article further calls on the Ugandan legislature to develop a divorce law that addresses the rights of women and ensures a balanced approach to the needs of both parties during the dissolution of marriage. It proposes the repeal of the current Divorce Act (Cap 249) in favor of new legislation that better safeguards women’s rights.

Keywords: Children, Divorce, Legal framework, Sharing property, Spouses

CITE AS: Ekemiya Waiswa, Asika Winnie, Tuhaire Denis, Unihira Bravery, Hebet Peace Muiai, Agilinya Penlope, and Akirunda Tony (2024). Examining the Law Governing Divorce and Sharing of Property in Uganda. IAA Journal of Arts and Humanities 11(2):38-42. https://doi.org/10.59298/IAAJAH/2024/11.3842.33