Analysis of the law relating to divorce with regard to its applicability & relevance in Uganda today

Abstract

Using the Content Analysis Methodology the study analyzed the Divorce Act, Cap 249 (and other related laws) enacted during the colonial era assessing its continued applicability and relevance in Uganda today. This Act which commenced I" October, 1904 is now 114 years old and has remained the same to date despite critical legal developments! Findings from review of reports as well as court cases indicate that, the Divorce Act (and related laws) - like any other law enacted during the colonial era - is overdue for reform to continue to be wholly relevant and applicable in light of the recent legal developments particularly enshrined in the 1995 Constitution. Besides, the "modification, adaptation, qualification and exception as may be necessary"1 regarding adopted laws has not been forthcoming as one would expect when it comes to most of the colonial enactments in general and the 1904 Divorce Act in pmticular. We therefore have in our statute books a law inter alia which on several occasions has been challenged in court for not being in conformity with the current developments in society and some of its key provisions have been rendered null and void. It was also an important finding of the study that in 2009 the Marriage and Divorce Bill was tabled. And that this proposed legislation more or less deals with the gaps in the colonial laws. It is therefore the recommendation of this study that this Bill be enacted into law as a matter of urgency. 1 Article 274 (1) of the Constitution of Uganda, 1995