Marriage Act

This section defines terms used in the Act, including “district”, “foreign application”, “national application”, “registrar”, and “Registrar General”.

The Minister must, by statutory order, divide Uganda into marriage districts and may, by like order, alter those districts (by changing boundaries, uniting or subdividing districts, or forming new districts).

The Minister must appoint a fit and proper registrar of marriages for each marriage district and may revoke appointments and appoint (and revoke) deputy registrars to act during absence, illness or incapacity; 'absence' is defined relative to the registrar's office location.

Every registrar must have an office in their district at a place the Minister directs.

The Minister may license places of public worship for marriages, may cancel such licences at any time, and he or she shall give notice in the Gazette.

The registrar must issue a Form C certificate after 21 days and before three months from the notice upon payment of the prescribed fee, but must not issue it until satisfied by affidavit of specified conditions; the affidavit may be sworn before the registrar or a magistrate, who must explain prohibited degrees and penalties.

If a marriage does not take place within three months after the date of the notice, the notice and related proceedings are void and a fresh notice must be given before the parties can lawfully marry.

The Minister may, on affidavit proving no lawful impediment and necessary consent, dispense with notice and the registrar's certificate and may grant a licence authorising the marriage.

People required to consent to a marriage or who know a reason it should not occur may write a caveat worded “Forbidden” in the Marriage Notice Book to stop the registrar issuing the certificate; the registrar must not issue the certificate until that caveat is removed under sections 14, 15 and 16.

When a caveat is entered against issuing a marriage certificate, the registrar must refer the matter to the High Court, which must summon the parties and the caveator, require the caveator to show cause, hear and determine the case summarily, and whose decision is final.

If the High Court decides the certificate should be issued, the judge must cancel the caveat entry and sign a cancellation; the registrar must then issue a certificate and the marriage may proceed, and the time between entering and removing the caveat is not counted toward the three‑month period in section 10.

The High Court may award compensation and costs to the party injured if it appears that a caveat was entered on insufficient grounds.

When persons intend to marry, one party must sign and give a Form A notice to the district registrar where the marriage is to take place.

If a person giving notice of marriage cannot write or understand English, they may place a mark or cross on the notice in the presence of a literate person who must attest to it; that attestation must be in Form B in Schedule 1 to this Act.

Every registrar must supply forms of notice free of charge to persons who apply for them.

The registrar must enter each received marriage notice in the Marriage Notice Book and must publish it by affixing a copy on the outer door of the office and keep it exposed until the certificate is granted under section 10 or three months elapse.

If a person required to sign a consent to marriage cannot write or does not understand English, they must place a mark or cross as their signature.

If a party under twenty-one has no parent or guardian in Uganda capable of consenting, the Minister or a High Court judge may give written consent to the marriage after due inquiry and if satisfied it is proper; that consent is as effective as a parent's consent.

Marriages may be celebrated in any licensed place of worship by any recognised minister of the church, denomination or body to which the place of worship belongs; celebrations must be according to that church's rites or usages, with open doors between eight in the forenoon and six in the afternoon and in the presence of two or more witnesses besides the officiating minister.

A minister must not celebrate a marriage if there is a just impediment or until the parties deliver the registrar's certificate or the Minister's licence.

A minister may only celebrate a marriage in a building licensed by the Minister or in a place the Minister's licence directs.

The Minister must arrange printing and delivery of books of marriage certificates in duplicate (with counterfoils in Form E) to registrars and recognised ministers; those registrars and ministers must keep the books under lock and key and keep custody.

The officiating minister must immediately after a marriage fill out in duplicate a Form E marriage certificate and enter in the counterfoil the certificate number, date of marriage, names of the parties and witnesses.

The certificate must be signed in duplicate by the officiating minister, the parties and at least two witnesses. The minister must sever the duplicate, give one copy to the parties, and within seven days send the other copy to the district registrar, who must file it.

Parties may marry before a registrar in the registrar's office between 10am and 4pm provided a certificate under section 10 or 15 or a licence under section 12 is produced and two witnesses are present; the registrar must address the parties and each party must make the stated declaration.

The registrar must complete and sign the marriage certificate in duplicate, have the parties and witnesses sign it, fill out and sign the counterfoil where required by section 24 for minister marriages, give one certificate to the parties and file the other in the registrar's office.

If a Minister's licence authorises a marriage away from a licensed place of worship or registrar's office, the district registrar must give the licence-holder a duplicate blank marriage certificate, and the minister or registrar who conducts the marriage must complete the certificate and follow the Act's formalities.

Persons married by customary law who wish to convert their marriage may convert it under this Act by applying section 26 and using Forms G–K from Schedule 1 in place of Forms A–F.

Registrars must register every marriage certificate filed (using Form F), make dated signed entries in the register indexed for easy reference, allow searches and provide certified copies for the prescribed fee, and send monthly certified copies of entries to the Registrar General within ten days after each month.

A registrar may correct clerical errors in marriage certificates (if authorised by the Registrar General and upon production of the delivered certificate), and must authenticate each correction with their signature and the date.

Certificates of marriage, certified copies, and entries in the Marriage Register Book (or certified copies) shall be admissible as evidence of the marriage in any court of justice or before any person with authority to receive evidence.

A marriage is void if both parties knowingly and wilfully acquiesce in its celebration.

Marriages celebrated under this Act are valid in law.

A person married under this Act (or whose marriage is declared valid by it) cannot, while that marriage continues, contract a valid marriage under customary law.

The Minister may use money provided by Parliament to pay certain expenses related to transmitting or delivering the marriage registers and other necessary expenses for implementing the Act.

Fees listed in Schedule 2 must be paid to the registrars, who must pay them into the Consolidated Fund; the Minister may amend Schedule 2 by statutory order.

The Minister may reduce or remit the fees in Schedule 2 and, where paid into the Consolidated Fund, order their refund when satisfied of the parties' poverty.

Minister may receive customary fees

A person who commits bigamy is liable, on conviction, to imprisonment for a term not exceeding five years.

It is an offence for an unmarried person to marry someone they know is already married, punishable by up to five years' imprisonment.

Any person who makes a false statement in documents required for a marriage commits an offence and may be imprisoned: up to one year if they did not take reasonable means to verify the matter, or up to five years if they knew the matter was false.

Anyone who deliberately uses a false pretence to stop a marriage commits an offence and may be imprisoned for up to two years.

Any person who, knowing they are not qualified or that required legal matters have not occurred, performs or witnesses a marriage ceremony commits an offence and may be punished by imprisonment for up to five years.

Anyone who is under a duty to fill out or transmit a marriage certificate and wilfully fails to do so commits an offence and may be imprisoned for up to two years on conviction.

Any person who personates another in marriage or marries under a false name to deceive the other party commits an offence and may be imprisoned for up to five years.

It is an offence for any person to go through a marriage ceremony they know is void where the other person believes it to be valid; on conviction the person may be imprisoned for a term not exceeding five years.

It is an offence for a person to marry under this Act if they are already married under customary law to someone else; on conviction they face up to five years' imprisonment.

Anyone who, while married under this Act, contracts another marriage according to customary law commits an offence and on conviction may be imprisoned for up to five years.

The forms in Schedule 1 to this Act may be used, with such alterations as may be necessary, in applicable cases.