Divorce in Tanzania

Divorce refers to the legal dissolution of a marriage by a court or other competent body. Divorce usually entails the cancelling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state.

In Tanzania divorce proceedings are regulated by The Law of Marriage Act (LMA) [Cap 29 R.E. 2019]. For a marriage to be declared broken beyond repair the petitioner has to prove before the court either one or more of the following incidents occurred and  were occasioned by the respondent:

• Respondent on the petitioner or the children. Willful neglect
• Desertion of the petitioner by the respondent for at least three years (the court has to satisfy itself that the desertion was willful)
• Voluntary separation or separation by decree of the court has continued for at least three years
• Imprisonment of the respondent for life or a term of not less than five years. The court shall evaluate and consider both the length of the sentence and the nature of the offence committed.
• Mental illness of the respondent, where at least two doctors, one of whom is qualified or experienced in psychiatry have certified.

The Law of Marriage Act, (LMA), updated in 2019, is the main legislation governing marriage and divorce. Those domiciled in Tanzania and those resident in the country for at least a year can petition the court for divorce. In essence, the courts will only grant a divorce if it is satisfied that the marriage has irretrievably broken down. This can be shown in a number of ways, including:

• Proof of adultery
• Cruelty (mental or physical) inflicted by a spouse on the other or on any children of the marriage
• Willful neglect of one spouse by the other iv. Desertion

Section 100 of The Law of Marriage Act provides for the procedures of filing a divorce, whereby, it prohibits any person from filing a divorce where the marriage has lasted for less than two years except where it is shown that exceptional hardship is being suffered by the person applying for such leave. Moreover, section 101 also prohibits any person who plans on filing a divorce unless he or she has first referred the matrimonial dispute or matter to a Board (Marriage Conciliation Board) and the Board has certified that it has failed to reconcile the parties. 

The law, however, provides a waiver under section 101 (a) to (f) where it gives certain circumstances whereby the provision under section 101 shall not apply, and they include:

• Where the petitioner alleges that he or she has been deserted by, and does not know the whereabouts of, his or her spouse;
• Where the respondent is residing outside Tanzania and it is unlikely that he or she will enter the jurisdiction within six months next ensuing after the date of the petition;
• Where the respondent has been required to appear before the Board and has willfully failed to attend;
• Where the respondent is imprisoned for life or for a term of at least five years or is detained under the Preventive Detention Act and has been so detained for a period exceeding six months;
• Where the petitioner alleges that the respondent is suffering from an incurable mental illness;
• Where the court is satisfied that there are extraordinary circumstances which refer to the Board as impracticable.

Summary of The process of filing for a divorce in Tanzania is as follows:

1. Reasons for Divorce: Before one decides to start with the procedures for filing a divorce in Tanzania, there should be specific reasons for getting a divorce. The Law of Marriage Act under section 107 (2) provides for these reasons.
2. Marriage Duration: Section 100 of The Law of Marriage Act provides for the procedures of filing a divorce, whereby, it prohibits any person from filing a divorce where the marriage has lasted for less than two years except where it is shown that exceptional hardship is being suffered by the person applying for such leave.
3. Marriage Conciliation Board: Section 101 also prohibits any person who plans on filing a divorce unless he or she has first referred the matrimonial dispute or matter to a Board (Marriage Conciliation Board) and the Board has certified that it has failed to reconcile the parties.
4. Waiver: The law, however, provides a waiver under section 101 (a) to (f) where it gives certain circumstances whereby the provision under section 101 shall not apply.
5. Court Petition: The procedures for filing a divorce in Tanzania cannot continue if the petition has not been granted by the court. Section 99 provides that, “Subject to the provisions of sections 77, 100 and 101, any married person may petition the court for a decree of separation or divorce on the ground that his or her marriage has broken down but no decree of divorce shall be granted unless the court is satisfied that the breakdown is
   irreparable.
6. Evidence: Once the party has satisfied all the requirements, it’s up to the petitioner to
   provide evidence in court as to why a divorce should be granted.
7. Court Decree: After the court has heard the petition of a decree of divorce and done the necessary inquiries as provided for under section 108, the court may, if satisfied that the marriage has broken down and is irreparable, grant a decree of divorce, together with any ancillary relief.
8. Registration: Upon grant of a divorce by the court, the parties to the application then proceed to register the divorce with the Registration Insolvency and Trusteeship Agency (RITA) which will then issue a certificate of divorce.

Lawfic Attorneys assists with handling proceedings and all divorce-related matters.

For any inquiries please get in touch.

Written by: FATMA JERECKO