Marriage Act
Marriage Act
Uganda
Marriage Act
Chapter 251
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Marriage Act
Contents
1. Interpretation .................................................................................................................................................................................................... 1
11. Marriage to take place within three months after date of notice .............................................................................................. 3
21. Minister not to celebrate marriage if impediment nor without licence, etc. .......................................................................... 4
29. Conversion of marriage by customary law into legally binding marriage ............................................................................... 6
30. Facilities for marriages between British subjects resident in Uganda and British subjects resident in England, etc.
....................................................................................................................................................................................................................................... 6
ii
34. Circumstances invalidating marriage .................................................................................................................................................... 7
50. Contracting marriage by customary law when already married under this Act ..................................................................... 9
iii
iv
Marriage Act Uganda
Uganda
Marriage Act
Chapter 251
Commenced on 1 April 1904
1. Interpretation
In this Act, unless the context otherwise requires—
(b) “registrar” means a registrar of marriages, and includes a deputy registrar when acting as
registrar;
(c) “Registrar General” means any officer appointed to act as Registrar General for the purposes of
this Act.
3. Appointment of registrars
(1) The Minister shall, from time to time, appoint a fit and proper person to be the registrar of
marriages for each marriage district, and may revoke such appointments; and may also from time
to time appoint a deputy registrar of marriages for any district to act in the absence or during the
illness or incapacity of the registrar, and may revoke such appointment.
(2) For the purposes of this section, absence means absence from the place at which, as provided by
section 4, the office of the registrar is situate.
4. Offices of registrars
Every registrar shall have an office at such place in his or her district as the Minister shall from time to
time direct.
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Preliminaries to marriage
6. Notice of marriage
Whenever any persons desire to marry, one of the parties to the intended marriage shall sign and give to
the registrar of the district in which the marriage is intended to take place a notice in Form A in the First
Schedule to this Act.
(1) Upon receipt of a marriage notice the registrar shall cause it to be entered in a book to be called
the “Marriage Notice Book” which may be inspected during office hours without fee.
(2) The registrar shall also publish the notice by causing a copy of it to be affixed on the outer door
of his or her office, and to be kept exposed there until he or she grants his or her certificate under
section 10, or until three months have elapsed.
(1) The registrar, at any time after the expiration of twenty-one days and before the expiration of
three months from the date of the notice, upon payment of the prescribed fee, shall thereupon
issue his or her certificate in Form C in the First Schedule to this Act; except that he or she shall
not issue the certificate until he or she has been satisfied by affidavit—
(a) that one of the parties has been resident within the district in which the marriage is
intended to be celebrated at least fifteen days preceding the granting of the certificate;
(b) that each of the parties to the intended marriage (not being a widower or widow) is twenty-
one years old, or that, if he or she is under that age, the consent hereafter made requisite
has been obtained in writing and is annexed to the affidavit;
(c) that there is not any impediment of kindred or affinity, or any other lawful hindrance to the
marriage;
(d) that neither of the parties to the intended marriage is married by customary law to any
person other that the person with whom such marriage is proposed to be contracted.
(2) The affidavit required by subsection (1) may be sworn before the registrar or before a magistrate.
(3) The registrar or magistrate taking the affidavit required by subsection (1) shall explain to the
person making it the prohibited degrees of kindred and affinity and the penalties which may be
incurred under other provisions of this Act.
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11. Marriage to take place within three months after date of notice
If the marriage shall not take place within three months after the date of the notice, the notice and all
proceedings consequent on it shall be void; and fresh notice must be given before the parties can lawfully
marry.
(1) If the High Court decides that the certificate ought to be issued, the judge shall remove the caveat
by cancelling the word “Forbidden” in the Marriage Notice Book in ink, and writing in the Marriage
Notice Book, immediately below that entry and cancellation, the words “Cancelled by order of the
High Court” and signing his or her name to the removal of the caveat.
(2) The registrar shall then issue his or her certificate and the marriage may proceed as if the caveat
had not been entered, but the time that has elapsed between the entering and the removal of the
caveat shall not be computed in the period of three months specified in section 10.
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mother, or if both are dead or of unsound mind or absent from Uganda, of the guardian of that party,
must be produced annexed to the affidavit as required by section 10 before a licence can be granted or a
certificate issued.
(1) If the person required to sign a consent to marriage is unable to write, or is insufficiently
acquainted with the English language, or both, then he or she shall sign his or her consent by
placing his or her mark or cross to the consent in the presence of any judge, magistrate, justice of
the peace, district commissioner, chief registrar of the High Court, registrar of marriages, registrar
of deeds, medical officer in the service of the Government or minister of religion.
(2) The signature made under subsection (1) shall be attested by a person specified in that subsection
in Form B in the First Schedule to this Act.
Celebration of marriage
(1) 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, and according to the rites or
usages of marriages observed in that church, denomination or body.
(2) Notwithstanding subsection (1), the marriage shall be celebrated with open doors between the
hours of eight o’clock in the forenoon and six o’clock in the afternoon, and in the presence of two
or more witnesses besides the officiating minister.
21. Minister not to celebrate marriage if impediment nor without licence, etc.
A minister shall not celebrate any marriage if he or she knows of any just impediment to the marriage,
nor until the parties deliver to him or her the registrar’s certificate or the Minister’s licence.
(1) The Minister shall cause to be printed and delivered to the several registrars and to the recognised
ministers of licensed places of worship, books of marriage certificates in duplicate and with
counterfoils in Form E in the First Schedule to this Act.
(2) The books of marriage certificates shall be kept by the several registrars and the recognised
ministers for the time being of the licensed places of worship under lock and key and be in custody
of those registrars and ministers respectively.
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(1) The certificate shall then be signed in duplicate by the officiating minister, by the parties and by
two or more witnesses to the marriage.
(2) The minister having also signed his or her name to the counterfoil, shall sever the duplicate
certificate therefrom, and shall deliver one certificate to the parties, and shall within seven days
thereafter transmit the other to the registrar of marriages for the district in which the marriage
takes place, who shall file it in his or her office.
The registrar, after production to him or her of the certificate or licence, shall, either directly or through
an interpreter, address the parties thus—
“Do I understand that you (name), and you (name), come here for the purpose of becoming man and
wife?”
“Know you that by the public taking of each other as man and wife in my presence, and in the presence
of the persons now here, and by the subsequent attestation of that taking by signing your names to that
effect, you become legally married to each other, although no other rite of a civil or religious nature shall
take place, and that this marriage cannot be dissolved during your lifetime, except by a valid judgment
of divorce; and if either of you before the death of the other shall contract another marriage while this
remains undissolved, you will be thereby guilty of bigamy and liable to punishment for that offence.”
“I call upon all persons here present to witness that I, (name), do take thee, (name), to be my lawful wife
(or husband)”.
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marriage shall fill out the certificate, and observe strictly all the formalities hereinbefore prescribed as to
marriages in a licensed place of worship, or registrar’s office, as the case may be.
“Do I understand that you (name), and you (name), have been heretofore married to each other by
customary law and that you come here for the purpose of binding yourselves legally to each other as man
and wife so long as both of you shall live?”
“Whereas you (name), and you (name), profess that you have been heretofore married to each other by
customary law and whereas that marriage does not bind you by law to each other as man and wife so long
as both of you shall live and whereas you desire to bind yourselves legally each to the other as man and
wife so long as both of you shall live: Know you that by the public taking of each other as man and wife
so long as both of you shall live, in my presence and in the presence of the persons now here, and by the
subsequent attestation of that taking by signing your names to that effect, you become legally bound to
each other as man and wife so long as both of you shall live although no other rite of a civil or religious
nature shall now take place, and that hereafter your marriage cannot be dissolved during your lifetime,
except by a valid judgment of divorce; and if either of you before the death of the other shall illegally
contract another marriage while your marriage to each other remains undissolved, you will be thereby
guilty of bigamy, and liable to punishment for that offence.”
And in lieu of the third form set out there, the following—
“I call upon all persons here present to witness that I, (name), take you (name), to be my lawful wife (or
husband) so long as both of us shall live.”
30. Facilities for marriages between British subjects resident in Uganda and British
subjects resident in England, etc.
(1) Where marriage is intended to be solemnised or contracted in Uganda between a British subject
resident in Uganda and a British subject resident in England, Scotland, Northern Ireland or the
Republic of Ireland, a certificate of marriage issued in England by a superintendent registrar or a
certificate for marriage issued by a registrar, or a certificate of proclamation of banns in Scotland,
or a certificate for marriage issued by a registrar in Northern Ireland or the Republic of Ireland
shall in Uganda have the same effect as a certificate for marriage issued by a registrar under section
10.
(3) For the purposes of this section, “certificate for marriage” in reference to certificates issued in
Scotland shall mean a certificate of due publication of notice of intention to marry.
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(1) The registrar of marriages in each district shall forthwith register in a book to be kept in his or her
office for that purpose, and to be called “The Marriage Register Book”, every certificate of marriage
which shall be filed in his or her office, according to Form F in the First Schedule to this Act; and
every such entry shall be made in the order of date from the beginning to the end of the book, and
every entry so made shall be dated on the day on which it is so entered, and shall be signed by the
registrar, and the book shall be indexed in such manner as is best suited for easy reference to it.
(2) The registrar shall at all reasonable times allow searches to be made in the Marriage Register Book,
and shall give certified copies from it upon payment of the prescribed fee.
(3) Within ten days after the last day of each month, every registrar shall send to the Registrar General
a certified copy of all entries he or she made during the preceding month in the Marriage Register
Book of his or her district, and the Registrar General shall file the copy in his or her office.
Invalid marriages
(1) No marriage in Uganda shall be valid which, if celebrated in England, would be null and void on
the ground of kindred or affinity, or where either of the parties to it at the time of the celebration
of the marriage is married by customary law to any person other than the person with whom the
marriage is had.
(2) A marriage shall be null and void if both parties knowingly and wilfully acquiesce in its celebration
—
(a) in any place other than the office of a registrar of marriages or a licensed place of worship,
except where authorised by the Minister’s licence;
(c) without the registrar’s certificate of notice or Minister’s licence duly issued; or
(d) by a person not being a recognised minister of some religious denomination or body, or a
registrar of marriages.
(3) No marriage shall, after celebration, be deemed invalid by reason that any provision of this Act,
other than the foregoing, has not been complied with.
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38. Fees
(1) The fees specified in the Second Schedule to this Act shall be paid to the registrars for the several
matters to which they are applicable and shall be paid by them into the Consolidated Fund.
(2) The Minister may, by statutory order, amend the Second Schedule to this Act.
41. Bigamy
Any person who commits bigamy is liable to imprisonment for a period not exceeding five years.
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is false, shall, if he or she does so without having taken reasonable means to ascertain the truth or
falsity of that matter, commits an offence and is liable on conviction to imprisonment for a period not
exceeding one year, or shall, if he or she does so knowing that the matter is false, be liable on conviction
to imprisonment for a period not exceeding five years.
50. Contracting marriage by customary law when already married under this Act
Any person who, having contracted marriage under this Act or any modification or reenactment of this
Act, during the continuance of that marriage contracts a marriage in accordance with customary law,
commits an offence and is liable on conviction to imprisonment for a period not exceeding five years.
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Marriage Act Uganda
51. Forms
The forms contained in the First Schedule to this Act may be used in the cases to which they are
applicable, with such alterations as may be necessary.
Forms
Republic of Uganda
Form A
Notice of Marriage
I give you notice a marriage is intended to be had within three months from the date of this notice between me,
that the the other party named in the notice.
Bridegroom Bachelor or
widower
Bride Spinster or
widow
Signature
Section 7
Republic of Uganda
Form B
Form of Attestation
He/she seemed to understand the notice and made his/her mark to it in my presence.
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Signature
Section 10
Republic of Uganda
Form C
Registrar’s Certificate
(Man) Bachelor
(Woman) Spinster
No caveat has been entered against the issue of the certificate; or A caveat was entered against the issue of this
certificate on the______ day of______20 ____, but it has been cancelled.
_____________________ __________
Note: This certificate will be void unless the marriage is solemnised on or before the__________ day of______, 20____
Section 12
Republic of Uganda
Form D
Special Licence
and _____________________________________________(name) desire to intermarry, and sufficient cause has been shown to
me why the preliminaries required by the Marriage Act should be dispensed with:
Now, therefore, in pursuance of that Act, I dispense with the giving of notice and the issue of the
certificate prescribed by the Act, and authorise any registrar of marriages, or recognised minister of some
religious denomination or body to celebrate marriage between____________________________ (name) and
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The marriage may be celebrated by a registrar of marriages between the hours of ten o’clock in the forenoon and
four o’clock in the afternoon, or by the recognised minister between the hours of eight o’clock in the forenoon
and six o’clock in the afternoon.
Minister
Sections 23, 24
Form E
Name
of
husband
Name
of wife
Witnesses
________________________________________________________________________________________
Minister or Registrar
This marriage______________________________________________________________________
was celebrated
between us________________________________________________________________________
In the presence of us
as witnesses
______________________________________________________________________
Section 31
Republic of Uganda
Form F
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__________
Registrar
Section 29
Republic of Uganda
Form G
I give you notice that I, the undersigned, and the other party named in this notice, being married to each other by
customary law intend within three months from the date of this notice to convert that marriage into a marriage
by which we shall be legally bound to each other as man and wife so long as both shall live.
(Man)
(Woman)
Signature
Republic of Uganda
Section 29
Form H
Registrar’s Certificate
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of the intended conversion by the parties named and described in this certificate of their former marriage by
customary law into a marriage by which they shall be legally bound to each other as man and wife so long as both
shall live, the notice being delivered under the hand of, one of the parties.
(Man)
(Woman)
No caveat has been entered against the issue of the certificate; or A caveat was entered against the issue of this
certificate on the day of____, 20 ____, but it has been cancelled.
NOTE—This certificate will be void unless the ceremony of converting the marriage by customary law into a
legally binding marriage is performed on or before the_________day of__________, 20____.
Section 29
Republic of Uganda
Form I
Special Licence
_________________________________________________ (name),
professing themselves to be already married to each other by customary law, desire to convert that marriage
into a marriage by which they shall be legally bound to each other as man and wife so long as both shall live and
whereas sufficient cause has been shown to me why the preliminaries required by the Marriage Act should be
dispensed with:
Now, therefore, in pursuance of that Act, I dispense with the giving of notice and the issue of the certificate
prescribed, and authorise the registrar of marriages for the_______________________ district to perform the ceremony
by which, under the Marriage Act the marriage by customary law shall be converted into a marriage by which the
parties shall be legally bound to each other as man and wife so long as both shall live.
The ceremony may be performed by the registrar of marriages between the hours of ten o’clock in the forenoon
and four o’clock in the afternoon.
Minister
Form J
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Section 29
Date of Marriage by customary law converted in to legally binding marriage in the office of the register
conversion
at________________________________________________________________________in Uganda
of
marriage
by
customary
law into
legally
binding
marriage
Name of
husband
Name of
wife
Witnesses
Witnesses
Register
______________________________________________________________
In the presence of us
As witnesses.
_______________
Section 29
Republic of Uganda
Form K
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____________.
Registrar
Fees
(shs.) (US $)
[Second Schedule substituted by section 2 of Statutory Instrument 56 of 2005 and by section 3 of Statutory Instrument
25 of 2014]
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