Divorce in Uganda is governed by The Divorce Act, Cap 249 of the Laws of Uganda. The procedure for obtaining a divorce is initiated by filing a petition to court. A husband or a wife may present a petition for divorce to court and pray that the marriage be dissolved. There are many factors that should be indicated in the divorce petition as required by law.
However this article sets to discuss the question of whether foreigners or people living outside Uganda can apply for divorce in Uganda. Before filing a case of any nature, it is important to establish and answer the question of whether the court has jurisdiction (in layman’s language can mean “authority”) to handle that matter. Otherwise put is whether it should be the Ugandan court to entertain your petition. Jurisdiction in divorce matters is usually governed by where the person filing the divorce petition ordinarily resides. Any person who is a resident in Uganda may file for divorce in the Ugandan courts of law. Section 1 of the Divorce Act stipulates that courts shall not be authorized to grant dissolve marriage unless the petitioner is domiciled in Uganda at the time when the petition is presented. For a decree to nullify the marriage, the petition must be domiciled in Uganda at the time when the petition is or unless the marriage was solemnized in Uganda.
It is important to note that where all parties to the petition are African, then the petition may be filed in a Chief Magistrate’s court. Where one of the parties is not African, then the petition must be filed in the High Court.
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