Examining the use of post nuptial agreements: an analysis of the incorporation of post nuptial agreements in the matrimonial property regime of Uganda.
Date
2024
Authors
Matovu, J. H.
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
The right to own property has been recognized and protected under the Constitution of Uganda under Article 26 as well as other international instruments. The specific area to be discussed is matrimonial property. The allocation of matrimonial property is regulated by Article 31 of the Ugandan Constitution, along with other international agreements and legal precedents. Due to the absence of guidelines, the discretion exercised by the court has been abused by judicial officers in certain situations and this has led to injustices. In view of this, the court’s discretion needs to be guided so that more fair and equitable decisions are rendered by the courts. The paper builds a case for post nuptial agreements to bridge the gap in the matrimonial property regime of Uganda. The study recognises that these agreements act as guiding principles for courts which would prevent the abuse of their discretion without ousting their jurisdiction.
Keywords: Matrimonial Property, Post nuptial agreements, Uganda
Description
Full - text Undergraduate research project
Keywords
Citation
Matovu, J. H. (2024). Examining the use of post nuptial agreements: An analysis of the incorporation of post nuptial agreements in the matrimonial property regime of Uganda. [Strathmore University]. http://hdl.handle.net/11071/15706