Uganda’s Constitutional Court has ruled that divorce will not be made easier through a no-fault system, insisting that couples must continue to provide grounds such as adultery, cruelty, or desertion before a marriage can be legally dissolved.
The landmark decision, delivered on August 18, 2025, came after a petition challenged the relevance of the century-old Divorce Act and called for reforms that would allow marriages to be ended without blame.
In a four-to-one majority ruling, the justices argued that while the Divorce Act is outdated, it still provides vital safeguards by ensuring both parties are heard. They warned that introducing no-fault divorce would erode the right to a fair hearing and potentially destabilize families.
“Marriage is a serious contract, not one to be walked away from at will,” the judges observed, stressing that divorce should not be treated as a simple administrative matter.
Although the court upheld the need for fault-based grounds, it also moved to address gender discrimination within the Divorce Act. Sections 15, 16, and 18, which previously protected only the wife’s property interests during separation, will now be applied equally to both men and women.
This adjustment ensures that neither spouse is disadvantaged when property disputes arise during separation.
Justice Frederick Egonda-Ntende disagreed with the majority, siding with petitioners who argued that one spouse should not be compelled to remain in a marriage once the other has withdrawn consent. He maintained that no-fault divorce would respect individual autonomy and reduce unnecessary legal battles.
The ruling means Uganda will continue operating under a system where divorce must be justified through evidence of wrongdoing. Advocates for reform say this keeps couples locked in prolonged disputes, while supporters of the ruling argue it preserves the sanctity of marriage and shields families from hasty breakups.
For Ugandans, the message from the Constitutional Court is clear while property rights will now be better protected for both spouses, divorce will not be an easy escape.