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{UAH} Divorce Proceedings in Uganda.

Divorce Proceedings in Uganda.

A husband or wife may present a petition for divorce to court praying for the marriage to be dissolved. Like all claims of a civil nature, divorce is instituted in a court with jurisdiction where the petitioner ordinarily resides. Where all parties to the petition are African, then the petition may be filed in a Chief Magistrate's court. Where one of the parties is not African, then the petition must be filed in the High Court. Any person who is a resident in Uganda may file a divorce.One can get a divorce if the relationship has permanently broken down.

The following steps are taken

Filling a Petition

A person who petitions for divorce is called a petitioner while the party against whom the petition is brought is called a respondent. A Petition is a document stating the petitioner's claim against the respondent and what he/she wishes court to do for him/her.

Supporting Documents to the Petition

The petition must be supported by a Summary of Evidence, list of documents, witnesses and authorities that the petitioner intends to rely on.The requisite filing fees for filling a petition (UGX 6,000) must be paid in the bank and evidence of payment attached to the petition.

Summons

Petitioner then extracts a Summons from court requiring the respondent to either file a defence or appear in court on a day specified therein and serves it together with the petition on the respondent within 21 days after court issues the summons.Once the summons is served on the respondent, the petitioner must file an affidavit of service in court clearly stating how he/she served it on the respondent.

Answer to the petition

Upon receipt of the summons and petition, the respondent is required to file a an Answer to the Petition within 15 days from the date of receipt of the summons.The answer to the petition must be supported by a Summary of Evidence, list of documents, witnesses and authorities the respondent intends to rely on.



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