The court has issued a landmark ruling in a civil suit in which a city couple has been battling over years as the married woman sought an award amounting to 50% of their matrimonial wealth.
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In their judgment in Ambayo Versus Aserua Civil Appeal No. 100 of 2015 the panel of court judges stated that:
1. Marriage does not give a spouse an automatic half-share in the matrimonial property.
2. A spouse’s share in the matrimonial property is dependent on his/her contribution to it.
The Court of Appeal presided over by Justices Elizabeth Musoke, Muzamiru Kibeedi and Christopher Gashirabake, made the pronouncements with consequences on the rights of married persons and matrimonial properties when they divorce.
The ruling further indicates that the couple will be implored to calculate the input of either parties in contributing to domestic wealth, and it is upon that calculation that each party shall reap its shares in case of a divorce. Court further states that in case a spouse invested in the education of the partner at a prior level, that money shall be calculated and deducted from the wealth shares in case of divorce.