| dc.description.abstract | Different marriages in Uganda are govemed by different pieces of
legislation. For example, church or civil marriages are govemed by the
Marriage Act (1904),' which is in the process of being amended.^ Muslim
marriages are govemed by the Marriage and Divorce of Mohammedans Act
( 1906),' which, like the Marriage Act, is also in the process of being amended,*"
Hindu marriages by the Hindu Marriage and Divorce Act (1961 ),' which is also
in the process of being amended,' and customary marriages by the Customary
Marriage (Registration) Act (1973).^ As the name suggests, the Customary
Marriage (Registration) Act regulates the registration of customary marriages
in Uganda. This article highlights some ofthe provisions ofthe Customary
Marriage (Registration) Act that need urgent amendment to bring them in line
with the Constitution and Uganda's intemational human rights obligations. The
article also discusses the jurisprudence emanating from Ugandan courts dealing
with proving the existence of an unregistered customary marriage and the issue
of distribution of property at the dissolution of a customary marriage. The
article is divided into five parts. Part one is the introduction, part two highlights
the provisions of the Customary Marriage (Registration) Act the need to be
amended, part three discusses the jurisprudence emanating from Ugandan
courts on proving customary marriages, part four with the sharing of property
at the dissolution of a customary marriage, and part five is the conclusion. | en_US |
