Family Law

Family Law - Mercio Advocates | Law firm in Kampala Uganda | Lawyers in Kampala

Family Law Practice – Mercio Advocates

Mercio Advocates offers comprehensive Family Law services, assisting clients with matters such as marriage, divorce, child custody, maintenance, property settlements, prenuptial and postnuptial agreements, adoption, guardianship, and domestic violence cases. Their experienced lawyers provide compassionate, confidential, and practical legal guidance while ensuring compliance with Ugandan law and working to achieve fair and effective outcomes for individuals and families.

Frequently Asked Questions

1. What are the legal marriages in Uganda?

Civil Marriage –These are monogamous in nature and celebrated in the office of the Registrar General for residents of Kampala and in the offices of the Chief Administrative Officers for the other 146 districts inclusive of the 11 cities.

Moslem marriage- These are celebrated in accordance with the  Islamic Faith.

Church marriage- These are monogamous in nature and celebrated in licensed churches in accordance with the customs and rites of the Christian Faith.

Customary Marriage- These are polygamous and are celebrated in accordance with the customs and rites of an African community.

Hindu Marriage – These are celebrated in accordance with of the observed customs and rites of Hindu faith.

Every person who is single, widowed or divorced, aged 18 years an above and is not party to a subsisting marriage is eligible to contract a civil marriage.

The marriage Act, Cap 146, governs celebration of civil marriages. The Registrar General is gazette as the Registrar of marriages for Kampala whereas the Chief Administrative Officers are gazette as the Registrars of marriages for districts outside Kampala.

The intending couples should have the following documents before applying via https://marriages.nira.go.ug/

  • Proof of citizenship for example a passport (foreigners) or national identification cards (Ugandans) or Refuge IDs.

 

  • An LC 1 letter clearly stating duration of residence in the district in which the marriage is intended to be solemnized. (This shouldn’t be less than 15 days)
    on passport size photograph each for the groom and the bride.
  • A photocopy of a valid ID for each of the two adult witnesses.
  • Registered marriage affidavits that conform to section 10 of the marriage Act Cap 146 (Register on obrs.ursb.go.ug).
  • In case of foreign citizens, a letter from the civil registration or Vital statistics office of their country confirming that the party isn’t married.
  • For the case of valid citizens, copies of Valid Visas upon entry into Uganda shall be required on the marriage date.
  • For the case of Divorced/ widowed intendants to the marriage, certified copies of Divorce Decree absolutes or death certificates shall be required.
  • For the case of documents authored in any language other than English, translations of the same shall be required.
  • For the case of refugees, a letter from the office of the Prime Minister on the marital status of the intendant shall be required.
  • The notice of Marriage is published on the Notice board of the District Registrar of Marriages for 21 calendar days.
  • If there are no objections to the notice of marriage, the ceremony takes place after 21 calendar days but not before the lapse of 90 calendar days. Marriages are celebrated from Monday to Friday, between 10 am and 4pm.
  • If there is an objection, a caveat is placed and the matter is referred to court for settlement.
  • On the day of the marriage solemnization, the parties appear with two adult witnesses before the registrar who performs the ceremony and thereafter issues a marriage certificate.

Fees payable:  Ugx 260,000/= (where one of the parties of the marriage is a Ugandan or refugee) and USD 210 (where none of the parties to the marriage is a Ugandan.

  • Cover form from the Registrar who conducted the marriage ( signed and stamped)
  • Certified copy of marriage certificate with the pictures attached.
  • Certified copy of Notice of marriage form.
  • Certified copy of form for certificate details
  • Copies of registered affidavits for both Bride and Groom.
  • Certified copy of the LC1 letters of both Bride and Groom.
  • Copies of national IDs of the couple and their witnesses or nay other valid identification documents for non-Ugandans.
  • Copy of letter of consent from parents from either couple who is under 21 years of age.
  • Evidence of payments made into the consolidation fund account/ URA portal.
  • Single status letter for non-Ugandans

Customary marriages are registered with the sub-county chief/ town clerk who issues a customary certificate. All other marriages must be registered with the Registrar of marriages in a book to be kept in his or her office for the purpose.

What is the process of customary marriage registration in Uganda.

  • The couple must appear before the sub county chief or town clerk in the marriage district where the marriage took place with the proof of the marriage with copies of their National IDS.
  • The couple should present at least two witnesses to marriage ceremony with their National IDs
  • Provide details of the marriage to be entered into the customary marriage register book.
  • Ensure all parties (the couple and witnesses) sign the customary marriage register book.

Only reforms from duly licensed and gazette places of worship are registrable. It is a statutory requirement for every licensed and gazette FBO conducting marriages to submit a monthly return of each marriage celebrated before the 10th day of the next month.

The returns should be filed on the marriage registry system, which is https://marriages.nira.go.ug/

What are the requirements for Church Marriage Registration in Uganda?

  • Cover letter from FBO where the marriage was conducted ( signed and stamped)
  • Valid National Ids (for Ugandans) or passports (for foreigners) plus entry visa.
  • Duly filed and signed form F ( should also be stamped)
  • Evidence of payments.

To obtain a license to celebrate marriages under the marriage Act, there must be;

  • An application letter addressed to the Honorable minister of Justice and Constitutional Affairs, through the registrar General from the church clearly indicating the religious denomination, location and whether the church is an affiliate of an already registered church and a recommendation letter from the mother church.
  • Recognizes marriage celebrants and their valid identifications ( religious leaders like pastors, reverends , Priest and any clergy recognized by that faith)
  • The legal entity under which the church is operating ( certified copy of the certified of registration as a company limited by Guarantee or trust)
  • Proof of ownership of land or rights of the land.
  • A place of public worship ( a permanent t structure)
  • Physical photographs of the church e. interior and exterior
  • Inspection report from the registrar of marriages within the area
  • Collect the license from NIRA after 5 working days.
  • Submit License to UPPC for a gazette.
  • Submit copy of Gazette to NIRA ( civil registry)
  • Submit monthly returns to the Registrar of marriages.

This letter is issued to Ugandans seeking to have their marriages performed outside Uganda. The letter confirms that the Applicant is single and has capacity to enter into marriage. The Applicant presents the following documents in support

  • A recommendation letter from the LC 1 Chairperson of the locality where the Applicant’s parents reside.
  • A photocopy of the Applicant’s birth certificate to prove parentage.
  • Proof of nationality for example a passport or national identity card.
  • A registered statutory declaration from the Applicants to prove that he/she is single.
  • A registered statutory declaration from the parents to prove that their daughter/ son is single.

Application or cover letter from the Applicant requesting for a single status letter.

Victim of Domestic Violence may seek protection by applying for a protection order, the order must be supported by an Affidavit of the Applicant.

The Divorce Act lays down all the procedures for divorces and the legal grounds.

What are the legal grounds for divorce in Uganda ;

  • Adultery
  • Cruelty
  • Desertion
  • Change of profession of Christianity for the profession of some other religion, and gone through another marriage with another woman.
  • Rape, sodomy or bestiality
  • Incestuous

A party undergoing Divorce in Uganda has rights relating to custody of children, maintenance, access to children and a fair share of matrimonial property.

The welfare and best interests of the child are paramount in granting custody of a child.

Section 3 of the Children Act. CAP 62 lays down what shall be     regarded in the matters of a child.

  • The physical, emotional and educational needs of the child.
  • The likely effects of any change in the circumstances of the child
  • The child’s sex, age, background and any other circumstances relevant in the matter
  • Any harm that the child has suffered or is at the risk of suffering
  • The capacity of the parents of the child, guardian or any other person involved in the care of the child and in meeting the needs of the child.

A person who is not a citizen of Uganda will make an Application for adoption in the High Court.

A foreigner may adopt a Ugandan Child if he or she-

  1. Has stayed in stayed in Uganda for at least one year;
  2. Has fostered the child for at least one year under supervision of a probation and social welfare officer.
  3. Does not have a criminal record.
  4. Has a recommendation corcerning his or her stability to adopt a child for his or her country’s probation and welfare officer and other competent authority
  5. Has satisfied the court that his or her country of origin will respect and recognize the adoption order

 

What is Mercio Advocates Experience in Family Law in Uganda?

We have handled some of the most prominent family cases involving billions of shillings of estate property disputes in Uganda spanning from a wide range of jurisdictions beyond Uganda.

Majority of family disputes are not reported in Journals but a few of our achievements can be traced at: https://ulii.org/en/search/?q=Mercio+Advocates+&nature=Judgment

Business Law

Family Law

Civil Law

Insurance Law

Criminal Law

Mining Law

Book Appointment