WHEN SHOULD YOU OFFICIALLY START ANOTHER RELATIONSHIP – (THE STORY OF A PASTOR, A CERTAIN CHURCH MEMBER AND A LAWYER)?.

 

A certain lawyer has sued a certain couple for doing a Kwanjula (traditional wedding) while the man’s divorce case is still before the court. We are not naming any names but let us talk about marriage small, small…

WHAT MARRIAGES DO WE HAVE?

By law in Uganda, if you decide to get married, you can choose from five types of marriage with two major differences.

1. One man, one woman (monogamous)

Church marriage and Civil marriage, which is usually before the Registrar,

2. One man, more than one wife (polygamous)

A customary marriage that is kwanjula, okuhingira, where you can do another Kwanjula for each new wife. 

Mohammedan marriage which is Muslim marriage, and Hindu marriage which is marriage between Indians of the Hindu faith. (It also allows polygamous marriages that came before the Hindu marriages Act)

CAN YOU DO BOTH KINDS OF MARRIAGES?

SIMPLE ANSWER: NO! If you went for a ‘one man, one woman’ marriage such as the church marriage, then the law does not allow you to marry someone else while you are still in that marriage. IN FACT, it does not allow you to start dating and having children with that new partner even if you have asked the court to end that first marriage. (This is called divorce).

If you went for a customary marriage, then you can get into another customary marriage without divorcing first. However, you cannot also go for a civil or church marriage with someone else because the two marriages cannot co-exist. If you refuse to listen and go through with it, the law says two things will happen.

1. The new marriage will be ‘air’, (mpewo) (does not exist) in the eyes of the law. (The law calls this null and void). It does not exist.

2. If both of you knew about the previous marriage, then what you have done is illegal and you can be arrested and prosecuted for getting married while you have another marriage existing (This is offence is called bigamy for the married person) therefore it is illegal until the civil or church marriage is dissolved by court that is until court grants divorce.  

3. On the other hand, the woman who knows that the man is married is also liable for the offence of Marriage with a person previously married since she knew this marriage had not ended. 

4. More specifically it is an offence to marry someone by customary marriage (which is polygamous) when you have a marriage such as civil or church marriage.

5. Both the man and woman are therefore facing up to five (05) years imprisonment if found guilty and convicted.