How to file for divorce in Uganda
In brief
Divorce of a civil or church marriage is governed by the Divorce Act, Cap. 144. A husband or wife may petition the court to dissolve the marriage on a ground in s.4 — adultery, cruelty, desertion for two years or more, bigamy, certain sexual offences, or change of religion coupled with another marriage. Since the Constitutional Court's decision in FIDA v Attorney General, the grounds are available equally to husband and wife. The court may make orders on the custody, maintenance and education of the children (s.28) and on alimony and settlements (ss.24, 26–27).
1. Governing law
The Divorce Act, Cap. 144 (2023 Revision) governs the dissolution of monogamous (civil and church) marriages. Section 4 allows a husband or wife to petition for dissolution on the ground that the other spouse, since the marriage, has committed adultery; changed their profession of Christianity and gone through a form of marriage with another; committed bigamy; committed rape, sodomy or bestiality; been guilty of cruelty; or deserted without reasonable excuse for two years or more. An alleged adulterer is ordinarily made a co-respondent (s.5), the court inquires into the facts and any connivance, collusion or condonation (s.6) and dismisses the petition if the case is not proved (s.7). Historically the Divorce Act imposed harder grounds on a wife than a husband; in Uganda Association of Women Lawyers (FIDA) v Attorney General the Constitutional Court struck down those discriminatory provisions as inconsistent with the equality guarantees in Articles 21 and 31, so the grounds now apply equally — and the consolidated s.4 is framed neutrally. On granting a decree the court may order custody, maintenance and education of the minor children of the marriage (s.28), award permanent alimony (s.24) and vary or order settlements (ss.26–27); how property is divided is governed by the contribution principle in Rwabinumi v Bahimbisomwe (see the matrimonial-property note). Statutory text verified against the consolidated Laws of Uganda as at 31 December 2023. Sourced from the Uganda Legal Information Institute (ulii.org).
2. Key statutes & rules
- Divorce Act, Cap. 144 (2023 Revision) — s.4 (grounds for divorce); s.5 (co-respondent); s.6 (scope of the court's inquiry); s.7 (dismissal if not proved); s.14 (judicial separation); s.24 (permanent alimony); ss.26–27 (settlements); s.28 (custody, maintenance and education of children).
- Constitution of the Republic of Uganda, 1995 — Articles 21 and 31 (equality, and equal rights in and at dissolution of marriage), the basis on which the discriminatory divorce grounds were struck down.
3. Leading case
Uganda Association of Women Lawyers & Others v Attorney General
The discriminatory provisions of the Divorce Act were struck down as inconsistent with Articles 21 and 31, so divorce grounds apply equally to husband and wife.
4. Practical guidance
Confirm the marriage is one the Divorce Act governs (a monogamous civil or church marriage); customary and Muslim marriages are dissolved under their own regimes.
Identify a ground under s.4 — adultery, cruelty, desertion for two years or more, bigamy, a listed sexual offence, or change of religion with another marriage.
Prepare a petition stating the facts, verified like a plaint, and join any alleged adulterer as a co-respondent unless excused (ss.5, 30).
File in the court with jurisdiction; the court will inquire into the facts and into any condonation, connivance or collusion (s.6).
Ask the court, at the right stage, for orders on the children (custody, maintenance, education — s.28) and on alimony and settlements (ss.24, 26–27).
Address property division on the contribution principle (Rwabinumi) rather than assuming an automatic equal split.
This note is a practitioner orientation, not legal advice, and does not create an advocate–client relationship. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule and authority against the current primary source — and the specific facts of your matter — before filing or relying on it.