Ojiambo Steven Odemo
In marriage, each spouse has at most certain contributions to render towards the development and sustainability of their matrimonial home/family. Such contributions are either monetary that’s in the form of income or cash for example, towards the accusation of matrimonial property, or non-monetary such as cooking, cleaning the house, laundry, and what have you. Contributions can be attributed from each spousal efforts, from day go in the marriage irretrievably breaking down, But the question is, ‘how courts of law determine each spousal contribution at the dissolution of marriage?’
In African societies, there were certain activities rendered, especially by women, which are attributed to non-monetary contributions, for example caring for the children, fetching of water and fire woods, cooking, and other house chores. However, with evolved gender balance laws[1] some spouses have reached a consensus on how to carry out different contributions in their marriages.
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Being that marriage is out of love and affections, parties tend not to keep records on who contributed what, throwing the question to the courts of law. However, at divorce values for monetary contributions are less difficult to determine because the items acquired are touchable and can be valued at the market price. Unlike non-monetary contributions which are in most cases services rendered by one spouse to another. Therefore, The question is left to the courts of law to determine each spousal contribution in and during their union at dissolution.
Still when it comes to how courts determine what amounts to contributions, the argument is still pending since different judges have decided differently and in some cases, the word ‘contributions’ has been given different meanings. In the case of O’Neill v O’Neill[2], the Appellant contented that she rendered non-monetary contributions to the sustainability of their marriage, leaving the court to decide on what amounts to ‘contributions’ since there was no statute to help judges determine, court while interpreting the word ‘contribution’, stated that it was not intended to cover only financial contributions, but also includes the non-financial contributions by each spouse. Still in the Ugandan case of Katuramu Robert v Elizabeth Katuramu[3], His Lordship Wilson Nasalu Musene had to give it broader meaning, he stated that, “… contribution does not only have to be monetary but can be in other forms. These include, cooking, opening the gate, making love…”. Including such daily services makes marriage nothing other than a commercial institute where by each and every service calls for a payment at the dissolution.
In Uganda, the major guiding principle/law for marriage is the 1995 Constitution. Article 31 there in is therefore on the effect that, a Ugandan citizen of 18 years and above has a right to found a family. The law further advocates for equal rights at and in, during and at the dissolution of the union. Howeve