Contracting Civil Marriage in Uganda: What are the Legal Requirements?

Introduction

Marriage, being an important social institution with morals and obligations, is an aspect that is governed by the law. In Uganda, the celebration of Civil Marriages is governed by the 1995 Constitution of Uganda as amended and the Marriage Act Cap 146.

Who is eligible to contract a Civil Marriage?
To contract any form of marriage in Uganda, both the man and woman must be of 18 years old and above, this being the majority age. See article 31 of the 1995 Constitution as amended.

In addition to being adults, such persons must not be party to any subsisting form of marriage. This means that the person must be single, widowed or divorced before he contracts a Civil Marriage.
The parties to the intended marriage must not be related to each other, that is, there must be no impediment of kindred or affinity. See Section 10 of the Marriage Act.
The Process and Requirements
Notice of Marriage
One of the parties to the intended marriage must sign and give to the Registrar of Marriages, a Notice of Marriage. See Section 6 of the Marriage Act.

The Notice of Marriage must be accompanied by the following;
a) Proof of citizenship of the parties

b) An LC1 letter clearly stating the duration the party to the intended marriage has been resident in the district in which the marriage is intended to be solemnized. The duration of the residence must not be less than 15 days.

c) Passport size photograph of the groom and the bride.

d) Affidavits of the groom and the bride duly registered with Uganda Registration service bureau.

e) Photocopy of a valid identification for the two witnesses who must be adults.

f) Where one of the parties to the intended marriage is divorced or widowed, a certified copy of the Decree Absolute dissolving the marriage or death certificate has to be submitted together with the Notice of Marriage.

g) In respect of foreign citizens, the Applicant must avail to the Registrar of Marriage, a letter from the Civil Registration or vital Statistical Office of their respective country confirming that the party is not married.

h) A foreign Applicant must also avail to the Registrar of Marriages, copies of valid visas upon entry. This may be required on the date of marriage.
The Notice of Marriage, the above accompanying documents together with proof of payment of prescribed fees are then submitted to the Registrar of Marriages.
Upon submitting the Notice of Marriage, the same is entered in the Marriages Notice Book and published in the Marriage Notice Board of the District’s Registrar of Marriages for a period of 21 days. See Section 9 of the Marriage Act.
The purpose of publishing the Notice of Marriage is to inform the public of the intended marriage to enable any person whose consent is required or who may know any just cause why the marriage should not take place to object to the marriage by way of lodging a caveat. See Section 13 of the Marriage Act.
Where a caveat is entered in the Marriage Notice Book by any person stating his or her name, place of abode and the grounds upon which he or she claims to object to the marriage, the Registrar of Marriage shall refer the matter to the High Court which is enjoined to summon the parties to the intended marriage and the person objecting to the marriage to show cause why the Registrar should not allow the Marriage. The High Court then hears and determines the case in a summary way and the decision of the High Court is final.
Where there is no objection to the intended marriage, the Registrar shall upon expiry of 21 days and before the expiration three months from the date of notice, issue a certificate allowing the marriage to take place.
The marriage must take place within three months after the date of the notice. Any marriage that takes place after the expiry of three months renders the notice of marriage and all proceedings consequent on it void. A fresh notice must be given before parties can lawfully marry. See Section 11 of the Marriage Act.
Minister’s power to dispense with the 21 days’ notice
The law gives the Minister for Justice and Constitutional Affairs power to dispense with the 21 days’ Notice provided that proof by way of Affidavit is given to the Minister that there is no lawful impediment to the proposed marriage. The Minister’s power is discretionary and can only be exercised if he or she thinks it fit upon which he grants a license authorizing the celebration of marriage between the parties named therein. See Section 12 of the Marriage Act.

Place and time of celebration of the Marriage
The Registrar General and the Chief Administrative Officers at the respective Offices are the only gazetted persons to celebrate Civil marriages. Therefore, the celebration of Civil Marriage must take place at their respective Offices, with open doors between the hours of ten o’clock in forenoon and four o’clock in the afternoon and in the presence of two adult witnesses. See Sections 25 and 27 of the Marriage Act.
Conversion of Customary Marriage into Civil Marriage.
The law allows conversion of Customary Marriage to Civil Marriage. This where persons are already married customarily, which marriage is polygamous in nature, the same can be converted into a Civil Marriage which is monogamous in nature. See section 28 of the Marriage Act.

Valid and Invalid Marriages
No marriage shall be valid which, if celebrated in England would be null and void on the grounds of kindred or affinity or where the person was at the time of celebration of the marriage is married by customary law to any person other than the person with whom the marriage is had.

A marriage shall also be null and void if celebrated in any place other than the Office of the Registrar of Marriages except where authorized by the Minister.
A marriage celebrated under false names is also invalid.
A marriage is also invalid if it is celebrated without the Registrar’s Certificate of Notice or Minister’s license dispensing with notice period
A Marriage celebrated by a person not being a Registrar of Marriages is invalid. See Section 32 of the Marriage Act.
Offences
There are several offence that are committed due noncompliance with the law. The following acts amount to offences under the Marriage Act.
• Contracting a Civil marriage when already married customarily. See Section 47
• Contracting a customary marriage when already contracting a civil marriage. See Section 48 of the Marriage Act.

• Personation in marriage is an offence. See Section 45 of the Marriage Act.

• False pretense of impediment to marriage.

• Making false declarations for marriage.

• Marriage with a person previously married.
Conclusion
Marriage being an important social institution with far reaching social and legal consequences, it is prudent that the parties intending to contract a Civil Marriage seek assistance of a Family Law Attorney not only for purposes of drafting legal documents such as Affidavits but also to ensure that there is no breach of the law. This is because noncompliance with the law does not only render the marriage null and void but also makes it an offence in some instances and because of this, I hasten to add that ignorance of the law is not a defence.
About the Contributor.
KASINGYE STUART is a Family Law Attorney. He is an Advocate of the High Court of Uganda and all subordinate Courts.
Tel: +256785348742
0200946889
Email: skasingye@gmail.com