DISCUSSION POINTS FOR FAMILY LAW 1 2021 (MARRIAGE AND

DIVORCE)

Group 1
Definition of a family and its functions

a) The relevance of family law in Uganda and the current trends

 Cohabitation
 Irretrievable breakdown of marriage
 Transgender issues
 Adoption requirements
 Property, etc

Group 2

Breach of promise to marry

Group 3
Void and voidable marriages

a) Definition of marriage
b) Nullity of marriage (petition/declaration of nullity) and bars (approbation)
c) Void-abinitio (What makes a marriage void) De Reneville V De Reneville
d) Voidable (what makes a marriage voidable
e) Different types of marriage have different requirements
f) Article 31, S. 34 MA, S. 11, 12, 13 CMRA, S. 12 DA
g) Corbett v Corbett
h) Consanguinity- Bruno Kiwuwa case
i) S. 34 (1)-prior customary marriage

Group 3
Capacity to marry

Group 4
The law on domicile in domestic relations

Group 5 and 6
Preliminaries to marriage under the Marriage Act and its celebration

Group 7
Marriage and divorce under Islam
Group 8 and 9
Marriage and divorce under custom-also address your minds to non-Ugandans
undertaking a customary marriage

Group 10 and 11
Legal effect of marriage and its nature

Group 12
Judicial separation

Group 13
Bars to divorce-discretionary and non-discretionary

Group 14 and 15
Divorce under the MA (Grounds and orders)

Kigongo case

NOTE:

1. Address your minds to the procedure and documents as relevant.

2. A student who is brief, precise and to the point will earn more
marks. Circumlocution will lead to loss of marks.