17/08/2025
Tomorrow morning, the Constitutional Court will have an opportunity to end Uganda’s archaic and unconstitutional ‘fault-based divorce system’ that is highly adversarial and acrimonious—often exacerbating conflict, and emotional distress for the couple, families, and any children involved.
Our lawyers will be at the Constitutional Court in Kampala to receive the judgment in the case of Innocent Ngobi Ndiko, Nicholas Opiyo, Dr. Busingye Kabumba & 2 Others v Attorney General, Constitutional Petition No. 23 of 2020.
In this strategic case, we worked with partners to challenge several provisions of the Divorce Act and procedure adopted in divorce proceedings in Uganda, which we contend often simply delay justice in foregone conclusion, often perpetuating domestic violence, child abuse, and other crimes of passion thereby destroying any possibilities of reconciliation in the protection of the family unit.
We seek several declarations, including:
1. Legal requirement for a spouse to prove that the other spouse in a marriage has committed adultery, cruelty, or desertion for divorce to be granted is inconsistent with the Constitution.
2. A trial-like procedure in divorce proceedings is inconsistent with the Constitution.
3. Granting courts discretionary powers to decide whether two consenting adults ought to continue in a marital relationship is an infringement on a wide spectrum of constitutionally guaranteed freedoms. Court has no powers to compel someone to stay in a marriage, and to engage in sexual relationship, against their will.
We contend that courts should be enjoined to enter a Decree Nisi upon receipt of a petition for dissolution of marriage, identification of parties, and a report for failed mediation; and then delve into determination of other consequential reliefs such as property acquired during the marriage, custody of the children, etc.
We further invited the Court to issue an injunction restraining all courts in Uganda currently handling divorce proceedings from continuing to contravene the Constitution as detailed in the petition.
We hope the Court will seize the watershed moment to usher in the ‘no-fault divorce system’, where a divorce can be granted based on the irretrievable breakdown of the marriage without needing to go through the protracted trial-like process to prove fault.
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