DOES AN EXISTING SPOUSE GIVE CONSENT TO A NEW SPOUSE IN A POLYGAMOUS MARRIAGE?

Every morning for the last 4 years Chuma has been going to the farm with his 2 wives. All has been well since they both believed him when he said that the farm is their land as his wives. In fact he went so far as to say that this is their investment as his marriage partners.

However after this honeymoon Chuma has decided to bring another wife to the house. But since he didn’t have enough money to provide the gifts the parents of the woman asked for, he has decided to get a loan on part of the farm. The only issue now is that he doesn’t know which wife is supposed to give him permission.

Is it the “head wife” since she came first oba both should give him permission since they have been working in this farm together. By the way what happens when one wife says it’s ok and the other says no. Is this consent or almost doesn’t count. As you know, the law in Uganda allows for some marriages to be polygamous (more than one wife). This means that those wives are all equal before the law. there are no younger wives who should not be listened to. Therefore if you decide to take a decision such as selling land, then you need all the wives to agree to this. (This is called spousal consent).

Otherwise the law will not recognize the consent of only one wife to sell the property that belongs to all the wives. However, if each wife has a separate piece of property with the husband, then the consent of the other wives to sell that property will not be required.

#BarefootLaw

#osutayusuf

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