As the other woman, are you legally recognised?

For many years, as a concubine, Sarah Bukirwa lived in fear of the death of the father of her four children. Although her ‘husband’ walked out of his marital home 10 years ago, the house they currently live in is jointly owned with his wedded wife.

It was only recently that it occurred to Bukirwa that she had no rights to that property, and this fear drove her into pestering him to marry her and build her children a house.

“There were times when I harassed him so much that we stopped talking,” she says. “The few conversations we had always degenerated into quarrels.”
He accused her of impatience. She accused him of being coldhearted. One year down the road, however, Bukirwa is overjoyed. With two months left to the kwanjula, her partner has managed to sell the house and used the proceeds to buy another property registered in her names.

While customary marriage is legitimate and has to be registered with the town clerk or sub-county chief, legal huddles emerge if there was an earlier marriage.

Provia Nangobi, Senior Public Relations Officer, Uganda Registration Services Bureau (URSB) advises caution regarding the initial marriage system contracted.

“If the first wedding was in church or civil, then it is a monogamous marriage by law, so all other subsequent marriages are invalid.” Unless there is a divorce or death of a legal spouse, a kwanjula cannot even be registered.
Customary marriage, as dictated by culture, is polygamous. In this setting, one may marry and register as many wives as he wishes. However, if after the first customary marriage the couple decides on a Christian wedding, as is the norm, then the marriage becomes monogamous.

Even with divorce, in traditional Christian circles, the fortunes of the other wife are insecure. In the Anglican Church, under Canon Law, marriage cannot be dissolved.

Rev. Canon Stephen Gelenga of All Saints Cathedral Nakasero says that “marriage is a covenant in which both parties promise not to separate until death occurs. Contracting another marriage, while the wedded spouse is alive, is adultery, which is a criminal offence.”

He advises those wedded in the customary setting to complete the ceremony with a church /Mosque wedding. Of course, this is an impossible feat for those who already have wives, considering that bans of marriage have to be posted.

Besides, in Uganda, bigamy is a crime prosecutable in the courts of law. It is also a legal ground to nullify a marriage.
Under Sharia Law, according to Sheikh Abdu Wahab Butane, Deputy Imam, Kibuli Mosque, a man who decides to customarily marry a fifth wife is doing her a disfavour.

“That wedding, wherever it takes place, is null and void. Any relationship outside the four wives allowed by Allah is adulterous. In the event of the spouse’s death, such a woman is not even considered when dividing the deceased’s property.”

Property rights
Rebecca Nanssukusa, a lawyer, says that the other wife does not have any legal rights. “If the first marriage was conducted in church or at the registrar then the other woman doesn’t have any right to the man’s property. On the other hand, if the first marriage was an Islamic or customary one, then it is polygamous and she has rights as one of the wives.”

The law does not discriminate against children as those born outside the marriage have the same rights to their father’s property as those born in wedlock.
However, Nanssukusa argues that if property is bought in the names of the other wife, then that is personal property of which the legal wife has no right.

In the case of Bukirwa, if the legal wife did not consent to the sale of the house, then she can file a lawsuit against her husband.

Civil marriage as an option
Like any bride, Sophie fusses with her gown, wondering if the public corridor at URSB is suited for a mini photo-shoot. In a place where most people wear ordinary clothes to take marriage vows, she stands out in a tiara and perfect makeup.

As the cameraman helps her decide the perfect spot, her fiancé gazes with a contented look into the room where they will exchange vows in a few minutes.
Hudson Ssegamwenge, the bride’s lawyer, has come along to witness the culmination of several days’ work. According to him, conducting a civil marriage takes less time and is affordable.

“Since my client lives abroad, I handled the paperwork,” he says. “I fixed the wedding date, paid the fees and filed an affidavit, and made sure the legal notice of the marriage was posted on the board.”

In church, the couple must attend service when the marriage banns are read but with civil marriages, once the legal notice is approved, the couple only has to appear on the wedding date. Marriage counselling is not mandatory since both are consenting adults.

URSB conducts marriages on behalf of government. “Our requirements are that both parties be single, with a letter of consent from their parents,” says Nangobi. “An LC letter and proof of nationality are also needed for our records.”

A legal notice is posted for 21 days and a fee of Shs260,000 is paid, which is a reasonable amount to Ssegamwenge because, “For a church wedding, besides being expensive, there is a caution fee that is forfeited if the couple arrives late. Why should anyone be put under pressure on such a day?”

At All Saints Cathedral, Nakasero, a wedding costs Shs800,000, which is inclusive of counsellor fees.

Civil marriages are recognised as legal in the Anglican faith. Rev. Canon Gelenga says, “As long as we can satisfy ourselves that there was transparency, right procedures were followed, there was good faith and honesty on the part of the registrar, then we encourage them to come and exchange rings in the church to cement the relationship.”

Where the civil marriage is not accepted
In the Roman Catholic faith, the church does not consider a civil ceremony as valid when one or both people are Catholic.

“A wedding must be blessed in church,” says Fr Denis Wamala of St Charles Lwanga Catholic Church in Ggaba. “They must come to church to make the marriage valid otherwise they will not be able to receive the Eucharist.”

Sheikh Butane insists that matters of faith, under which marriage falls, are not concerns of the government. “In Islam a civil marriage is not a marriage. At Shs250,000 our ceremonies are not expensive. What religious qualifications does a registrar have? Is there a university course one can take to conduct marriages?”

In the law, Nanssukusa says, “If a Muslim decides that his first marriage will be a civil one, then he has entered into a monogamous union and Islamic rules of marriage do not affect the couple.”
Besides religious censure, civil ceremonies are not immune to bigamy. Churches, Mosques, and Temples are, by law, required to provide monthly records to URSB of the marriages they have conducted.

“If they do not provide these records we cannot know who has been married before,” says Nangobi.
“However, we encourage prospective spouses to search our existing records before they go ahead with the ceremony.”

The makings of a legitimate marriage

As a legal relationship involving mutual rights and obligations, marriage is a social institution designed to fulfill the psychological, biological and religious aims of two individuals. In the law, it is either monogamous or polygamous. While each type of marriage involves symbols such as rings, it is illegal to be a party to both at the same time.

Monogamous marriages
Church and civil marriages fall under this arrangement. The legitimacy of the marriage is determined by:
• No blood relationship between spouses.
• Both parties must have consensus.
• The singleness of the intending spouses. If it’s a second marriage, death must have occurred to the previous spouse. In civil unions, a divorce certificate is also permissible.
• Wedding venues should be licenced by the Minister of Justice and Constitutional Affairs.
• Officiating priests should have practicing licenses. Civil marriages must be conducted by a registrar of marriages.
• A marriage certificate must be issued after the exchange of vows.
Polygamous marriages
Customary marriages and Islamic marriages fall under this system, the legitimacy of which is determined by:
• In customary marriage, both parties to the first marriage must agree not to convert to a monogamous marriage, thus legitimising all subsequent marriages.
• Customary weddings must be registered by the sub-county chief or town clerk’s office.
• Under Sharia Law, the wedding must be conducted by an Imam.
• Converting from Christianity to Islam and vice versa will nullify the legitimacy of a marriage. If you are, for instance, married in church but the man converts to Islam and wants to adopt polygamy, there is nothing you can do to stop him because your initial marriage is void anyway. Same case if he wanted to be Christian and leave polygamy.