Faith Leaders Push for Legal Crackdown on Cohabiting Partners

The Inter-Religious Council of Uganda (IRCU) has endorsed a proposal to criminalise cohabitation, a measure included in the Marriage Bill 2024.

If passed by Parliament, this law could subject cohabiting couples to a three-year jail sentence or a fine of 10 million Ugandan shillings.

The bill, introduced by Tororo District Woman Representative Sarah Opendi, seeks to regulate marriage laws in Uganda.

Presenting the IRCU’s stance to the Joint Committee on Legal and Gender Affairs, Co-Chairperson Joseph Serwadda emphasised the need to outlaw cohabitation while ensuring legal safeguards for individuals, children, and property linked to such unions.

“While we advocate for criminalising cohabitation, we recognise the necessity of protecting the rights of individuals involved, particularly regarding children and jointly acquired assets.

Given the prevalence of cohabitation-based relationships, we recommend that the government formulate a separate bill to address such unions instead of including them in the Marriage Bill, 2024,” Serwadda explained.

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One of the bill’s most debated sections, Clause 89, suggests that individuals who “hold out” as married should face legal repercussions.

The draft legislation defines “holding out” as living together as a couple, jointly owning property, having children together, or a woman adopting her partner’s surname.

Opendi, the bill’s proponent, has defended the provision, stating that its primary objective is to formalise relationships and shield vulnerable partners, especially women and children, from instability when such relationships end.

The proposal has ignited significant debate. Supporters argue that it will promote legal marriage and fortify family structures, while opponents criticise it as an infringement on personal freedoms and an impractical attempt to regulate private relationships.

As parliamentary discussions continue, legal experts, civil society groups, and the public are expected to weigh in on the bill’s potential impact on family law, property rights, and relationships in Uganda.

The outcome of this legislation could have significant consequences for cohabiting couples across the country.