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{UAH} DIVORCE UNDER TRADITIONAL MARRIAGE

DIVORCE UNDER TRADITIONAL MARRIAGE

First of all...

A traditional marriage is a marriage. What most people refer to as an introduction, kwanjula, kuhingira, are one of the many forms of marriage that Ugandans can choose from.

Once you have a traditional marriage function, just know you are now married.

That being said, if after going through the traditional marriage process, you and your spouse decide to call things quits, you can't simply pack your bags and walk away and say we aren't married anymore and expect that by virtue of saying it, it has been done.

What is the process of seeking divorce under traditional marriage?

The person who intends to divorce can apply to the courts of Uganda with reasons why they need to divorce. Unlike church marriage, the reasons (grounds) for seeking divorce in traditional marriage are limited and can include cruelty, laziness or witchcraft among others. However, difference in religion is not one.

The courts will listen to what the couple has to say and depending on the reasons given, the court will then grant the divorce when these grounds are proved or reject them.

In addition to this, we must clear the common misconception that in traditional divorce is that Bride Price must be returned, however Ugandan Courts have found that this is degrading treatment and therefore it cannot be returned and only a court declaration is necessary to finalize a divorce in customary law.

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"When a man is stung by a bee, he doesn't set off to destroy all beehives"

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