A Closer Look at Sarah Opendi’s Major Proposed Reforms in 2024 Marriage Bill

Key proposals include penalties for demanding the return of marriage gifts, criminalizing false marriage claims, and ensuring the protection of spousal rights in property matters.

Among the most notable suggestions is the introduction of a penalty for anyone who demands the return of gifts given during marriage. Opendi proposes a jail term of up to three years or a fine of Shs10 million for offenders. “A person who demands for the return of a marriage gift is liable, upon conviction, to a fine not exceeding five hundred currency points (Shs10M) or imprisonment not exceeding three years or both,” reads part of Clause 87 of the Bill. This aims to protect spouses from harassment after separation or divorce.

Clause 88 of the Bill also includes strict measures on polygamy and bigamy. Individuals who knowingly engage in marriage ceremonies while still in a legally recognized monogamous union could face fines of Shs10 million or a jail sentence of up to five years.

“A person who falsely claims or asserts that he or she is married to a particular Person commits an offence known as jactitation of marriage and is liable on conviction to a fine not exceeding five hundred currency points (Shs10M) or imprisonment not exceeding three years or both,” noted Opendi.

Another controversial proposal is the requirement for newlyweds to consummate their marriage within six months, or risk having the union annulled. Clause 41 highlights that marriages are voidable if consummation does not occur within this time frame or if one party intentionally refuses to consummate the marriage within three months.

Opendi’s proposals extend to property and financial rights within marriages. Clause 49 advocates for equal access to matrimonial property, giving both spouses the right to use and dispose of shared assets unless mutually agreed otherwise.

Additionally, she suggests that liabilities incurred before marriage remain the sole responsibility of the individual who incurred them.

In her push for gender equality, Opendi proposes giving women the choice to retain their maiden names or use a combination of both their maiden name and their husband’s surname. However, upon dissolution of the marriage, a woman would not be allowed to continue using her husband’s surname unless both parties mutually agree.

Furthermore, Opendi tackles the issue of child marriages, recommending severe penalties, including a 10-year prison sentence for anyone involved in such unions. Clause 101 criminalizes conducting, attending, or participating in any form of marital ceremony involving minors, aligning with global efforts to end child marriages.

“ A person who; (a) conducts, presides over or witnesses a purported marriage involving a child; (b) purportedly marries a child in a formal or informal ceremony of marriage with or without the consent of a parent or guardian of the child; (c) knowingly attends or participates in the preparation of a purported marriage involving a child; or (d) involves a child in formal or informal marital rites or initiation practices; commits an offence and is liable, on conviction, to imprisonment for ten years,”

A notable administrative change is the proposal to establish a National Marriage Register, which would store details of all married persons in Uganda. This registry, accessible for a prescribed fee, aims to improve record-keeping and transparency surrounding marriages.

Opendi’s Bill has stirred debate both in the August House and on the streets of Kampala with proponents praising its progressive steps toward modernizing Uganda’s marriage laws, while critics question certain clauses like the mandatory consummation period.

As Parliament deliberates on the Bill, many are keen to see whether these proposed reforms will shape the future of marriage in Uganda.