Is customary marriage Recognised in Uganda?

The law of the Republic of Uganda provides for a customary marriage between parties to be registered with the Uganda Registration Services Bureau (URSB). However, if a couple doesn’t register it, their union remains legally binding and acceptable.

What constitutes a customary marriage in Uganda?

Section 1(b) of the Customary Marriages (Registration) Act, Cap 248 Laws of Uganda defines a customary marriage as follows: “a marriage celebrated according to the rites of an African community and one of the parties to which is a member of that community, or any marriage celebrated under Part III of this Act.”

Can customary marriage be registered?

Registering customary marriages

Customary marriages must be registered within three months of taking place. This can be done at any office of the Department of Home Affairs or through a designated traditional leader in areas where there are no Home Affairs offices.

Is unregistered customary marriage valid?

The short answer is NO: Failure to register a customary marriage does not affect the validity of that marriage. The Recognition of Customary Marriages Act 120 of 1998 (the Act) sets out the requirements for a valid customary marriage concluded before or after 15 November 2000, when the act commenced.

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When must a customary marriage be registered?

Customary marriages must be registered within three months of taking place. This can be done at any office of the Department of Home Affairs or through a designated traditional leader in areas where there are no Home Affairs offices.

What qualifies as a customary marriage?

In terms of Section 3(1) of the Act, in order for a customary marriage to be valid, it has to be entered into by a man and woman over the age of 18 years who have the intention of getting married under Customary Law, and the marriage must be negotiated and entered into or celebrated in accordance with Customary Law.

How do I register my marriage in Uganda?

Registration of customary marriages is effected by the Sub County chief or Town Clerk of the area where it took place, and a Customary Marriage Certificate duly signed and issued by the Sub County chief or Town Clerk. This certificate, however, must then be registered with URSB.

What is needed to register customary marriage?

To register a customary marriage, the couple needs to take the following to Home Affairs:

  • Copies of IDs and a lobola agreement letter, if available;
  • One witness from the bride’s family;
  • One witness from the groom’s family; or.
  • A representative of each of the families.

How do you nullify customary marriage?

Dissolution of marriage in terms of the Act

Section 8(1) provides that a customary marriage ‘may only be dissolved by a court by a decree of divorce on the ground of the irretrievable breakdown of the marriage’.

How do I register a customary marriage?

To register a customary marriage, a couple must go to an office of the Department of Home Affairs. At least one witness for each of the partners, or a representative from each of the families must also be present.

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What would make a marriage invalid?

The most common reasons courts in California will invalidate a marriage license include: Incest (void). Relatives of every degree may not legally marry. In the eyes of the law, marriages involving blood relatives cannot exist, regardless of the legitimacy of the relationship.

What is the difference between customary and civil marriage?

What is a Customary Marriage? … There exist certain requirements that must be complied with in order to conclude a valid customary marriage; while a civil marriage is seen as a marriage concluded between 2 parties, and must be monogamous in order to be valid, customary marriages differ as polygamy is permissible.

Can customary marriage be out of community?

A customary marriage is deemed to be in community of property unless an antenuptial agreement is entered into before the marriage. According to the MPA, parties who wish to get married out of community of property must enter into an antenuptial contract prior to the civil marriage ceremony being concluded.

What is traditional or customary marriage?

Traditional/Customary marriage is a marriage ceremony that has been conducted in accordance with the customs of the bride and groom’s families. … The Registrar’s certificate is proof that notice of the marriage has been given with no objections, and the intending couple are free to solemnise the marriage.

Is customary marriage the same as traditional marriage?

Customary marriage is, however, the type of marriage that is celebrated in accordance with the customs and traditions peculiar to the marrying couple and their families. … presentation and exchange of gifts between the families of the couples; and the celebration of a marriage ceremony.

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