Overview
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.
Our Services
- Marriage and divorce proceedings
- Child custody and maintenance
- Property settlements and division
- Prenuptial and postnuptial agreements
- Adoption and guardianship
- Domestic violence cases and protection orders
- Customary and religious marriage registration
- Estate property dispute resolution
Frequently Asked Questions
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 the observed customs and rites of Hindu faith.
Every person who is single, widowed or divorced, aged 18 years and 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 (passport for foreigners or national ID for Ugandans or Refugee IDs), an LC 1 letter clearly stating duration of residence in the district (not less than 15 days), passport size photographs for both parties, photocopy of valid ID for each of the two adult witnesses, registered marriage affidavits conforming to section 10 of the Marriage Act (registered on obrs.ursb.go.ug), a letter from the civil registration office confirming single status for foreign citizens, copies of valid visas for non-citizens, certified copies of Divorce Decree absolutes or death certificates for divorced/widowed individuals, and translations of non-English documents. 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, the ceremony takes place after 21 days but not before 90 calendar days. Marriages are celebrated Monday to Friday, between 10 am and 4pm. Fees payable: Ugx 260,000 (where one party is Ugandan or refugee) and USD 210 (where none of the parties is Ugandan).
Requirements include: Cover form from the Registrar who conducted the marriage (signed and stamped), certified copy of marriage certificate with 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 parties, copies of national IDs of the couple and their witnesses (or valid identification documents for non-Ugandans), copy of letter of consent from parents for either couple under 21 years, evidence of payments made into the consolidation fund account/URA portal, and single status letter for non-Ugandans.
Customary marriages are registered with the sub-county chief/town clerk who issues a customary certificate. The process involves: The couple appearing before the sub county chief or town clerk in the marriage district with proof of the marriage and copies of their National IDs, presenting at least two witnesses with their National IDs, providing details of the marriage to be entered into the customary marriage register book, and ensuring all parties (the couple and witnesses) sign the customary marriage register book.
Only returns 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 at https://marriages.nira.go.ug/. Requirements include: 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), and 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; Recognized marriage celebrants and their valid identifications; The legal entity under which the church is operating (certified copy of the certificate 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 structure); Physical photographs of the church (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 (passport or national identity card); A registered statutory declaration from the Applicant 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.
Victims 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. The legal grounds for divorce in Uganda are: 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: Has stayed in Uganda for at least one year; Has fostered the child for at least one year under supervision of a probation and social welfare officer; Does not have a criminal record; Has a recommendation concerning his or her stability to adopt a child from his or her country's probation and welfare officer and other competent authority; Has satisfied the court that his or her country of origin will respect and recognize the adoption order.