By Nomad Advocates
Domestic violence and spousal abuse are serious violations of human dignity and fundamental rights. In Uganda, the law recognises that a marriage cannot be sustained where one spouse is subjected to cruelty, violence, threats, or emotional abuse. Victims of abusive marriages have the right to seek protection and to apply for divorce through the courts.
Under Ugandan law, domestic violence includes physical abuse (assault, beating, bodily harm, abuse by words), sexual abuse or marital rape, emotional or psychological abuse, verbal threats, intimidation, or harassment, economic abuse or deprivation, and controlling or coercive behaviour, among others. The law provides protection for spouses and recognises that abuse may occur even without physical injury.
Cruelty is a recognised ground for divorce under Ugandan family law, particularly under the Divorce Act (for civil marriages), the Marriage and Divorce of Mohammedans Act (for Islamic marriages), and Customary law principles (for customary marriages).
Cruelty generally includes repeated physical violence, threats to kill or cause harm, severe emotional or psychological abuse, or conduct that makes it unsafe or unreasonable to continue cohabitation. The courts have opined that the victim of violence does not have to wait until serious injury occurs. Persistent threats or fear for your safety are sufficient to petition for divorce.
Contact a lawyer for further assistance in petitioning for divorce.
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