Constitutional Court Rejects No-Fault Divorce, Strikes Down Discriminatory Property Laws
The Constitutional Court has ruled against the introduction of no-fault divorce based solely on withdrawal of consent, reaffirming that couples seeking separation must continue to prove grounds such as adultery, cruelty, or desertion under the Divorce Act.
In its decision, the Court maintained the traditional requirements for dissolving a marriage, stating that allowing divorce without fault could undermine the sanctity of marriage. However, the judges struck down discriminatory provisions within the law that previously gave unequal property rights to husbands and wives. The ruling ensures that both spouses will now be treated equally when dividing matrimonial property.
Justice Egonda-Ntende issued a dissenting opinion, arguing that withdrawal of consent alone should be recognized as sufficient grounds for divorce, reflecting a more progressive stance on marital autonomy.
The ruling represents a mixed outcome for advocates of reform: while gender equality in property division has been strengthened, the continued rejection of no-fault divorce means couples in broken marriages may still face lengthy and contentious legal battles to prove fault.
