Kampala, Uganda
A landmark ruling by the Court of Appeal in Uganda on the mode of sharing matrimonial property after divorce has stirred a hot public debate among Christians.
The Court of Appeal ruled on Tuesday that “marriage does not give a spouse an automatic half-share of matrimonial property upon divorce” as the situation had been. Instead, three justices of the Court of Appeal ruled that a spouse’s share of matrimonial property is dependent on his or her contribution during the marriage, which can either be in monetary or non-monetary forms or both.
Justices Elizabeth Musoke, Muzamiru Kibeedi and Christopher Gashirabake observed that non-monetary contribution could consist of unpaid care and domestic work rendered by a spouse during a marriage such as caring for children, elderly and the sick members of the family, household chores and cultivating food for the family. These roles are usually played by women in Ugandan homes.
The Justices also declared that when the court is determining the value of the non-monitory contributions, it must take into account the monetary value principles or substitute services available on the labor or service market.
Until the ruling, spouses who were granted divorce would receive a 50 per cent share of the matrimonial property. Tuesday’s ruling has now stirred a serious public debate on the subject drawing in the clergy.
Retired Anglican Bishop Dr Joel Samson Obetia of Madi-West Nile told Sight that the ruling disadvantaged women more than men.
“It is unfair for ladies since we are in patriarchal marriages where wives are usually blamed for all the misfortunes in marriage,” he said, adding, “Men will now choose to end their marriages with less concern because they are sure of retaining the biggest share of matrimonial property.”
Bishop Obetia also criticised the act of what he described as “commercialising marriages”, which he said is a serious problem in Africa. He asked spouses to work towards making their marriages workable until death separates them.
Pastor Martin Ssempa of Makerere Community Church said the ruling puts monetary value on services in marriage that cannot be quantified.
“How much money would you value a wife who gives birth to a child?” Ssempa also wondered whether there was value for being faithful to your partner in a marriage. But he noted that the ruling could protect genuine spouses who walk with one another from the journey of poverty to owning property.
We rely on our readers to fund Sight's work - become a financial supporter today!
For more information, head to our Subscriber's page.
Rev Dr Grace Lubaale of Kyambogo University in Uganda explained that sometimes people go into marriages with their properties, which should not be shared after divorce. He added that spouses make different contributions in marriages and therefore it would be unjust to share matrimonial properties equally after divorce.
“The judgement is OK since it was unanimous and the panel had both male and female justices,” he said. “Some spouses are selfish and lazy so this ruling takes care of them.”
The landmark ruling was made after a divorce case that was filed by Jackeline Aseru against her husband Joseph Ambayo Waigo in the family division of the High Court in aKampala in 2012. Aseru and Ambayo started cohabiting in 1989 when they were 19 and 24 years, respectively. After 16-years of cohabiting, they later solemnised their marriage in line with the Roman Catholic faith.
However around 2007, their marriage developed serious challenges that eventually ended it before Ambayo filed for divorce in the High Court family division in 2012. By then the couple had four children, two boys and girls.
The Court of Appeal ruling overturned the decision of the High court where Justice Catherine Bamugemereire had ruled that the matrimonial property belonged to the couple jointly and granted 50 per cent to the wife.
