The place of cohabitation in Ugandan marital jurisprudence: An appraisal

This article critically analyzes the legal status and consequences of cohabitation within Ugandan matrimonial law. Its objective is to examine the extent to which cohabiting unions, which have become increasingly common within Ugandan society, are categorized and safeguarded under current legal regimes. Operating within a doctrinal research design, the study examines pertinent provisions of the Constitution, legislation, custom, and court precedents that inform the legal treatment of cohabitation in Uganda. The research findings indicate that cohabitation is a widespread manner of union; it enjoys a marginal and frequently ambiguous legal status within Ugandan law, lacking informal recognition and legal protection accorded to legislation-based, custom-based, and faith-based marriages. However, challenges exist in the right over property, inheritance of property and assets, custody of children, and protection against domestic violence, specifically against female spouses within the unions. In conclusion, the article asserts that Uganda's matrimonial legal framework remains incapable of absorbing the reality of cohabitation and holds that legislative amendment and judicial activism are necessary measures to ensure non-discriminatory treatment and legal protection of cohabiting spouses.