WHO IS A SPOUSE UNDER THE NEW SUCCESSION ACT ?.

Kakuru and Marjo met in Dubai while doing ‘kyeyo’ (work abroad). After exchanging stories about growing up and their interests, they decided to start dating. In their 2nd year, they decided to get married and they managed to have a small function with only their fellow workers and friends. Unfortunately, Marjo passed away a few months after their return to Uganda and her family has come to claim for her body for burial because she was never married since they were not invited or informed about the wedding. Kakuru wants to know if this is true and if his marriage was a sham.

WHAT DOES THE LAW SAY?

The old succession law did not define who a married person was. However, the new law recognizes two types of married people (spouses)

1. A husband or wife whose marriage is done according to the laws of Uganda.

1. A husband or wife whose marriage is from another country but is recognized in Uganda as a valid marriage.

This means that a spouse from a marriage in Uganda is a husband or wife from civil, customary, religious marriages or Hindu marriages. As for Kakuru, if he and Marjo got married in Dubai and the marriage was recognized in Dubai as a valid marriage and it fulfils the requirements of a valid marriage in Uganda, it means that his marriage to Majo is valid even if they did not tell her parents or invite them to the wedding.

📷: Freepik

#BarefootLaw

#osutayusuf

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