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The Registrar General says that many churches do not have a licence to conduct marriages. Their weddings may be holy before God but null and void before the laws of Uganda
When Diana wedded with her sweetheart, Ronnie, she expected an everlasting marital bliss. Little did she know that the Born Again church which wedded them had no certificate from the Registrar General’s office to commission marriages.
Thus when Ronnie passed away, she was not able to claim estate administration rights because the first wife, married under customary arrangements showed up and the legal process that ensued discovered that her marriage was null and void.
Yes! After all the hustle and bustle of organising a wedding, your marriage can actually end up being declared null and void.
And pastors, preachers, church leaders can also end up being accused before the courts of law of conducting an illegal marriage because their churches have no licence.
According to the Registrar General, Mr Bisereko Kyomuhendo, many of the Pentecostal churches, which have sprung up, do not have a licence to conduct weddings.
Bisereko says all these churches register with his office as non-governmental organisations to carry out specific functions. This registration is not a license for the churches to commission weddings.
These churches must apply for another special licence to commission weddings. “Such weddings by law are not recognised,” Bisereko said.
A licence for such operations is got from the Registrar General’s office with approval of the minister of Justice and Constitutional Affairs. So, how do you know whether your church is backed by law to commission marriages?
The Registrar General’s office does not know the number of licensed churches that are allowed to commission weddings. But he says there are far more churches that have cropped up lately than the applications for wedding licences that his office has received.
People end up with marriages that have no legal backing and a certificate that has no legal recognition. By law, all marriage certificates are supposed to be issued by the Registrar General’s office. They must be uniform and cost Shs 750.
When Churches and Mosques conduct marriages, they are supposed to pass on this money to the Registrar General’s office. Some of the money is used for processing the certificate and the balance is remitted to Uganda Revenue Authority.
The Registrar General says many churches and mosques do not remit these monies at all and many people end up being issued with fake certificates.
Bisereko says churches charge about between Shs 50,000 to 100,000 as wedding fee but fail to give government the Shs 750 - its share.
“Embassies have often referred back to us some of the marriage certificates that visa applicants present for verification. We find many of them fake,” Bisereko explained.
But Bisereko said his office intends to start vigorous attempts to collect the marriage fee and identifying churches that are not licensed to commission weddings.
He also said registered churches shall have to display their licenses openly in the church. This, Bisereko says, shall be implemented when the office becomes autonomous in the next financial year.
The safest form of marriage for now is the civil affair contracted directly from the Registrar General’s office in Kampala.
“We wed people here every day of the week. On average, we wed around 45 couples a month. 369 were wedded between July 2002 and July 2003,” he said.
Couples upcountry should go to the Chief Administrative Officer at their district headquarters or to the chief at the sub-county. The marriage vows in civil marriage are the same as those in the church. The exception is that couples must swear affidavits for which they pay Shs 5,000 on top of the Shs 750.
According to the Marriage Act, it is the civil authorities who delegate their powers to other bodies like Churches and Mosques to commission marriages on their behalf.
The requirements are that the intending couples must not have married before; must announce to the public their intention to wed for 12 days (though some couples may be exempted from these conditions in special circumstances); must be monogamous, wed before 5 P.M. and on working days.
Only the Minister of Justice can authorise the wedding after five p.m. or on a Saturday. The Registrar General will not under any circumstances wed anybody in absentia.
The police can be called to stop any wedding that is taking place in an un-licensed church and even effect arrests. Bisereko says there are four types of marriages according to the Marriage Act: The Civil Marriage, which is monogamous and done by the Registrar General and his representatives at lower levels ora recognized Christian leader.
Marriage and Divorce under Mohammedan Act allows the marriage by Muslims. This can be polygamous.
The Customary Marriages Registration Act applies to all those who marry traditionally in accordance with their customs. The Registrar General’s office issues certificates once the customs have been complied with and filed with the Sub-County Chief.
The colonial Marriage of Africans Act, which gave Whites (Britons) rights to marry Africans. Though still in place, it is no longer applied.
Bisereko warns that it is important to know the Act under which you are conducting your marriage for easy legal dispute solving.
Advice on writing own vows
In some countries, couples are allowed to write their own marriage vows. The Registrar General, Mr Bisereko Kyomuhendo says this is not allowed in Uganda yet. But who knows, changes usually catch up with us before we get prepared.
When such a time comes, these are the steps prescribed as helpful in writing your own marital vows: First, agree with your fiancé that this is the system you want to use.
Give each other time to consult and, on an appointed time, meet in a place where you can have some privacy. First discuss general rules for your vows. For example, about how long they should be (e.g. 5 sentences), and the themes you want them to carry; say property, duration, emotion, limitations (if any) and use of God or religion.
Then go to separate rooms. First think about your love together, how you met, what you felt when you realized you were in love, and how you felt when you decided to get married.
Write down descriptive words for all these feelings; the best moments you shared, the reasons why you chose to marry your partner and the times you felt hurt by them.
Return and exchange notes. Read and discuss them to create a relaxed atmosphere. Using this atmosphere, look at the traditional vows and change what you don’t like. For the parts you like, write them better in your own words. The vows do not have to be the same.
Once you have written your vows, you will most likely want to talk to your lawyer to explain the implications. POST SCRIPT: After your wedding, you could print, frame and hang the vows in your house as a reminder of how special and sacred they are to your marriage.
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