Uganda’s Constitutional Court has ruled that couples seeking to end their marriages must continue proving fault, dismissing calls for a no-fault divorce system that would allow separation by mutual consent without assigning blame.
The landmark ruling, delivered on August 18, 2025, means that divorce in Uganda will remain anchored on traditional grounds such as adultery, cruelty, desertion, or other recognized marital offences. Petitioners must present evidence in court that their spouse committed one of these wrongs before a marriage can be legally dissolved.
In its decision, the Court also moved to eliminate gender bias in judicial separation petitions, clarifying that both men and women now have equal standing to initiate such proceedings. Previously, critics had argued that Uganda’s divorce framework disproportionately disadvantaged women, limiting their ability to leave abusive or unworkable marriages.
The ruling comes at a time when Parliament is engaged in heated debate over reforms under the long-delayed Marriage and Divorce Bill. Advocates, including Tororo Woman MP Sarah Opendi, have called for simplifying divorce procedures to reflect changing social realities and safeguard the rights of spouses, particularly women who often face stigma, financial vulnerability, and prolonged litigation when pursuing marital dissolution.
Opendi argued recently that Uganda needs “a fairer and more accessible legal system that allows people to leave marriages that have clearly broken down, without the burden of proving adultery or cruelty.” She has backed proposals to recognize irretrievable breakdown of marriage as a sufficient ground for divorce—an approach already adopted in several Commonwealth jurisdictions.
Despite this push, the Court’s decision reinforces the status quo, a move that legal analysts say will continue to shape family law in Uganda for years to come. Supporters of the ruling argue that fault-based divorce helps preserve the sanctity of marriage and discourages couples from dissolving unions too easily, while critics insist it traps spouses in toxic and irreparable relationships.
With the judiciary affirming its position and Parliament still divided, the future of Uganda’s divorce law remains uncertain. For now, couples seeking legal separation will still have to prove fault, even as gender equality in petitioning has been strengthened.
