A Review of the Legal Framework on Matrimonial Property in Uganda
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Date
2025-05-26
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Uganda Christian University
Abstract
Matrimonial property governance changed during the colonial and post-colonial periods, moving away from the pre-colonial cultural and customary law viewpoints and toward a more defined and acceptable system of resolving property disputes in marriages without discriminating against women.
However, aside from the 1995 Constitution of the Republic of Uganda, as amended, there remains an undiscovered gap in the legal framework that governs the partition of marriage property in Uganda. Judicial decisions regarding the division of matrimonial property have exhibited inconsistencies leading to an evolving legal landscape in the landmark case of Julius Rwabinumi v Hope Bahimbisomwe S.C.C.A No.10 of 2009, the Supreme Court emphasized that only property jointly acquired during the marriage is subject to division, with each party’s share reflecting their contribution.
Other than that, subsequent cases have demonstrated varying interpretations. These discrepancies highlight the absence of a consistent legal framework, resulting in courts exercising broad discretion. The implications for jurisprudence include unpredictability in legal outcomes and potential perceptions of judicial bias, underscoring the need for comprehensive legislative guidelines to ensure uniformity and fairness in matrimonial property divisions and lack of a clear guideline for the quantum of contributions especially indirect contributions.
This is has resulted into inconsistencies, gender imbalances, uncertainties and failure to determine the fate of matrimonial property rights especially during the dissolution of the marriage. However, there have been several attempts to try and appropriately address the issue by drafting and tabling measures such the Marriage Bill 2024.
On that note, countries like Ghana, Tanzania and Kenya each enforced laws specifically concerning matrimonial property which have enabled the in determining and addressing matrimonial property rights. Uganda still lags behind its counter parts since it still relies on case law and common law principles for determining matters that are to do with matrimonial property rights of which at times lead to issues of constitutional interpretation and inconsistency in some cases.