THE LAW OF MARRIAGE ACT

AI-assisted research summary: This provision gives the Act its short title: the Law of Marriage Act.

AI-assisted research summary: This section defines key terms used in the Act, including child, marriage, matrimonial home, Minister, and specified religion.

AI-assisted research summary: The President must appoint a Registrar-General of Marriages and Divorces for this Act, and the Minister may determine how many Assistant Registrars-General are necessary.

AI-assisted research summary: The Minister may appoint any area of Tanzania as a registration area by notice in the Gazette.

AI-assisted research summary: The Registrar-General may delegate functions to a district registrar, and a senior assistant district registrar must act as registrar when the district registrar is absent, ill, or incapacitated.

AI-assisted research summary: Certain district registrars, kadhis, and licensed ministers of religion are treated as registrars for this Act.

AI-assisted research summary: The Minister may decide where registration officers are placed, and registration officers are to do prescribed duties and help district registrars.

AI-assisted research summary: The Minister may appoint diplomatic staff members as registrars for countries covered by this section, and must publish the country list in the Gazette.

AI-assisted research summary: This section defines marriage, monogamous marriage, and polygamous marriage.

AI-assisted research summary: Marriages are classified as either monogamous or polygamous, and marriages contracted in Tanzania are presumed to be polygamous or monogamous depending on how they were contracted unless that presumption is rebutted.

AI-assisted research summary: A Tanzania marriage may be converted between monogamous and potentially polygamous forms only by a freely agreed declaration made by the husband and wife.

AI-assisted research summary: A marriage lasts until it ends by death, presumed death, annulment, divorce, or a recognized extra-judicial divorce.

AI-assisted research summary: A person under the stated minimum marriage ages must not marry, but the court may allow a marriage on application if each party is at least 14 and there are special circumstances.

AI-assisted research summary: A person must not marry certain close relatives or related persons within the prohibited relationships.

AI-assisted research summary: A married man or woman must not enter another marriage while the existing marriage continues, though the parties may go through another ceremony without changing the first marriage’s legal status.

AI-assisted research summary: A marriage can only be contracted if each party gives free and voluntary consent.

AI-assisted research summary: A girl under 18 must get consent before marrying, unless the court gives consent on application in limited cases.

AI-assisted research summary: People who want to marry must give notice of their intention to a registrar or registration officer at least 21 days before the proposed marriage date.

AI-assisted research summary: A registrar or registration officer who receives a notice of intention must make the intention known locally.

AI-assisted research summary: A person may object to an intended marriage by giving notice to the registrar or registration officer, and a wife may also object in a polygamous-marriage case. An objection may later be withdrawn, but the withdrawal must be written and signed.

AI-assisted research summary: If a registrar or registration officer receives a notice of objection, they must forward it with the notice of intention to the court or the Board, and they must not carry out the intended marriage while the objection is unresolved.

AI-assisted research summary: When an objection notice is received, the court or Board must hear the parties and decide whether to stop the intended marriage or dismiss the objection, and it must send its decision to the registrar or registration officer.

AI-assisted research summary: The Registrar-General may dispense with the notice required under section 18 if the legal conditions in this section are met.

AI-assisted research summary: A person who reasonably believes a marriage is intended and that there may be a valid objection under section 20 may notify the Registrar-General. If notice is given, the Registrar-General must not use section 23 to dispense with notice unless the objection notice has been withdrawn.

AI-assisted research summary: Marriage may be contracted in Tanzania in civil form, and in some cases according to specified religious or customary rites. The Minister can authorize additional religious rites by Gazette order and can later vary that order.

AI-assisted research summary: At least 21 days must pass between giving notice of intention to marry and the marriage itself, subject to section 23.

AI-assisted research summary: A marriage must be contracted in front of at least two witnesses, and certain people cannot act as witnesses.

AI-assisted research summary: Some people may attend certain marriages, including public attendance at civil marriages and attendance by people connected to the religion or community involved.

AI-assisted research summary: A civil marriage may be completed before the district registrar, with the husband and wife each saying specified words, and the parties may ask the registrar to record whether the marriage is monogamous or polygamous.

AI-assisted research summary: This section allows certain religious marriages to be celebrated by licensed ministers, kadhis, or Muslim registration officers, and says ministers of religion cannot be forced to officiate marriages.

AI-assisted research summary: The Registrar-General may authorise certain marriages by licence if satisfied there is a good and sufficient reason.

AI-assisted research summary: A kadhi or registration officer must, so far as reasonably practicable, attend a marriage after notice has been given that it is intended to be contracted in Islamic form, and a registration officer must do the same for a marriage intended under customary law.

AI-assisted research summary: This section requires the relevant registrar, kadhi, or minister to prepare and sign marriage certificates, and requires a registration officer to send marriage details to the right authority in some cases.

AI-assisted research summary: A marriage may be done before the registrar in a Tanzanian embassy, high commission, or consulate in a country designated by the Minister, if the listed conditions are met.

AI-assisted research summary: A Tanzanian domiciled citizen who wants to marry in a foreign country may apply to the Registrar-General for a certificate if the foreign law requires one showing no known legal impediment. If a registrar exists in that country, the application goes through that registrar. The Registrar-General must make practicable inquiries and issue the certificate if no impediment is shown.

AI-assisted research summary: A marriage contracted outside Tanzania is recognised as valid if it meets the listed conditions.

AI-assisted research summary: A marriage contracted in certain foreign-country embassies, high commissions, or consulates in Tanzania is to be recognised as valid if the listed conditions are met.

AI-assisted research summary: Some ceremonies that purport to be marriages are null in listed circumstances, but absence of a party does not make it void if the consent witnesses are present.

AI-assisted research summary: This section says a marriage can be voidable if certain conditions existed at the time of marriage or if one party later refused consummation, or if a person under 18 married without required consent and the court sees good reason to set it aside.

AI-assisted research summary: A voidable marriage is treated as valid until a court annuls it.

AI-assisted research summary: A marriage that otherwise meets the Act’s express requirements remains valid even if certain notice, objection, officiant, procedural, dowry/gifts, or registration requirements were not met.

AI-assisted research summary: A registrar must keep a marriage register in the prescribed form, and the Registrar-General must keep a register of foreign marriages.

AI-assisted research summary: This section sets out who must register different kinds of marriages and when registration must happen.

AI-assisted research summary: Certain unregistered marriages contracted before this Act may be applied for registration through the District Registrar, a kadhi, or a registration officer, subject to a customary-law limit on registration officer applications.

AI-assisted research summary: A Tanzanian citizen or the spouse may apply to the Registrar-General to register a marriage contracted outside Tanzania, and the Registrar-General must register it if satisfied it is valid under section 36.

AI-assisted research summary: A registrar must send the Registrar-General a certified copy of that month’s marriage register entries within 30 days after each month ends.

AI-assisted research summary: Registrars must promptly send completed marriage registers to the Registrar-General, and former marriage registrars must also send any marriage and divorce registers they hold as soon as practicable. The Registrar-General may allow existing registers to keep being used until new prescribed registers are available.

AI-assisted research summary: The Registrar-General must keep an index of the names of parties to registered marriages, and a person may request a search and inspect certain marriage register entries or certified copies.

AI-assisted research summary: The Registrar-General must keep a register of annulments and divorces and enter prescribed details of relevant decrees without delay.

AI-assisted research summary: A court that grants an annulment or divorce decree must promptly send one certified copy to the Registrar-General for registration.

AI-assisted research summary: If a marriage contracted in Tanzania is annulled or dissolved by a court outside Tanzania, either spouse may apply to the Registrar-General to register the decree, and the Registrar-General must register it if satisfied it should be recognised under section 91.

AI-assisted research summary: The Registrar-General must update the marriage register when a marriage changes form or is ended by annulment or divorce.

AI-assisted research summary: The Registrar-General, or a registrar acting on the Registrar-General’s directions, may correct errors in registers or marriage certificates.

AI-assisted research summary: The Minister may, by Gazette notice, suspend the Act’s registration rules for customary-law marriages in a specified registration area if adequate registration facilities do not exist.

AI-assisted research summary: Several kinds of marriage records and certificates can be accepted as evidence without further proof.

AI-assisted research summary: A married woman has the same rights as a man to acquire, hold, and dispose of property, and to make, sue on, and defend contract or tort claims.

AI-assisted research summary: Wives in a marriage with two or more wives are to have equal rights and equal legal status, subject to any express written law.

AI-assisted research summary: Marriage does not change property ownership or stop either spouse from acquiring, holding, or disposing of property, subject to section 59 and any contrary agreement the parties make.

AI-assisted research summary: An owning spouse must not sell, give, lease, mortgage, or otherwise dispose of the matrimonial home without the other spouse’s consent while the marriage continues.

AI-assisted research summary: Property acquired during a marriage is presumed to belong to the spouse in whose name it is held, or to belong equally to both spouses if held jointly.

AI-assisted research summary: If one spouse gives property to the other during the marriage, the law presumes the property belongs absolutely to the recipient spouse unless that presumption is rebutted.

AI-assisted research summary: A person is not liable for debts their spouse incurred before marriage, subject to the Bankruptcy Act.

AI-assisted research summary: A husband must maintain his wife or wives and provide reasonable accommodation, clothing, and food, unless the parties are separated by agreement or a court decree or there is a subsisting court order. A wife with means must similarly provide for her husband if he is unable to earn a livelihood because of mental or physical injury or ill-health.

AI-assisted research summary: A wife is presumed to have authority to use her husband’s credit or property for necessaries for herself and the children, unless the presumption is rebutted or she is living openly in an adulterous association.

AI-assisted research summary: This section changes tort liability between spouses: a husband is not liable for his wife’s torts just because he is her husband, spouses have the same tort liability toward each other as if unmarried, and neither spouse may claim damages for loss or impairment of consortium from negligent acts or breaches of duty.

AI-assisted research summary: A person must not inflict corporal punishment on their spouse.

AI-assisted research summary: Spouses may agree in writing, signed by both, to live apart. The court can later vary or cancel parts of that agreement on application by either spouse if circumstances have materially changed or the arrangements are not in the children’s best interests.

AI-assisted research summary: A widow may live wherever she chooses and may stay unmarried or remarry, but Islamic-form marriages are subject to the customary iddat period before remarriage.

AI-assisted research summary: A person may sue for damages for breach of a promise of marriage, with parent or guardian bringing the suit if the aggrieved party is under 18; no suit may be brought against someone who was under 18 when the promise was made, and specific performance is barred.

AI-assisted research summary: A lawsuit for damages for breach of a promise of marriage cannot be brought more than one year after the breach.

AI-assisted research summary: A suit may be brought to recover a gift made in anticipation of a marriage that was never contracted, if the court is satisfied the gift was intended to depend on the marriage happening.

AI-assisted research summary: A husband or wife may sue for damages against a person who committed adultery with their spouse, unless the aggrieved party consented or connived, or the damages were already claimed in a divorce petition.

AI-assisted research summary: A husband or wife may sue for damages if someone enticed or induced the spouse to leave the marriage home.

AI-assisted research summary: The court may assess damages for adultery or enticement, but the award must not include exemplary or punitive damages.

AI-assisted research summary: A primary court may hear a suit under this Part if the parties married under customary law or Islamic form, or in certain section 69 or 71 cases if the court is satisfied they would have done so.

AI-assisted research summary: Several courts share original jurisdiction in matrimonial proceedings.

AI-assisted research summary: People may petition a Tanzanian court for certain matrimonial decrees or relief if the residency, domicile, or presence conditions in this section are met.

AI-assisted research summary: The High Court may transfer a matrimonial case from a magistrate’s court to itself or another magistrate’s court before judgment.

AI-assisted research summary: A magistrate hearing a matrimonial proceeding may, at any stage, state a special case for the opinion of the High Court on a question of law arising in the proceeding.

AI-assisted research summary: This section lets an aggrieved person appeal certain matrimonial decisions to the High Court or Court of Appeal, and sets filing deadlines.

AI-assisted research summary: Proceedings for declaratory decree, annulment, separation, or divorce must be started by petition; maintenance, child custody, and other matrimonial relief applications must be made by chamber summons unless they are included in such a petition.

AI-assisted research summary: A petition for matrimonial relief may include an alternative request for other matrimonial relief.

AI-assisted research summary: A respondent to a matrimonial relief petition may add a cross-prayer in the answer, and the court may grant relief on that cross-prayer.

AI-assisted research summary: Matrimonial petitions must be heard in open court, unless the court orders the public excluded in exceptional circumstances or hears a child on custody wishes in chambers.

AI-assisted research summary: In a matrimonial proceeding, evidence of a spouse’s misconduct is not excluded just because the aggrieved spouse connived, but a person cannot get relief solely because of misconduct they connived in.

AI-assisted research summary: In a matrimonial proceeding, evidence of misconduct by a husband or wife cannot be ruled inadmissible just because the aggrieved spouse condoned it.

AI-assisted research summary: The court may dismiss a petition or application, or make another order including costs, if it is satisfied the petitioner or applicant tried to deceive the court in a material way or wilfully failed to fully disclose relevant facts.

AI-assisted research summary: If there is a cross-prayer or cross-petition for matrimonial relief, the court must not grant decrees for both sides, except for ancillary relief.

AI-assisted research summary: A relief for annulment, separation, or divorce may be granted by a single decree, and a decree granting relief does not need to be preceded by a decree nisi.

AI-assisted research summary: In matrimonial proceedings, the court decides costs. A woman generally cannot be ordered to pay her husband’s or former husband’s costs unless the court is satisfied she has enough of her own means. The court may also order a man to provide security for his wife’s or former wife’s costs.

AI-assisted research summary: A foreign court decree in a matrimonial case must be recognized as effective in Tanzania if the petitioning party was domiciled there or had lived there for at least two years before filing, or if an annulment or divorce has already been recognized by a declaratory decree in the relevant country of domicile.

AI-assisted research summary: A foreign divorce can be recognised as effective in Tanzania if it meets one of the stated conditions.

AI-assisted research summary: Matrimonial proceedings in a primary court may be handled like civil proceedings in a primary court, and the Magistrates’ Courts Act rules on civil proceedings apply mutatis mutandis.

AI-assisted research summary: The court may grant declaratory decrees on petition, including in marriage-related cases, and a case cannot be objected to just because only declaratory relief is sought.

AI-assisted research summary: A declaratory decree about a spouse presumed dead can end the marriage after 90 days if no appeal is filed, or after appeals are finally decided; other declaratory decrees and appeal decisions bind the parties and certain notified persons.

AI-assisted research summary: The court may grant an annulment for certain marriages, but some petitions are limited by filing deadlines and other conditions.

AI-assisted research summary: This section says who may bring a petition to annul a marriage, including special rules for certain grounds.

AI-assisted research summary: An annulled marriage is treated as if it never existed, but the annulment does not make children illegitimate, change the legality of acts done during the marriage, alter spouses’ witness/communication protections, or remove the husband’s liability for certain debts.

AI-assisted research summary: A married person may petition the court for separation or divorce if the marriage has broken down, but divorce can be granted only if the court is satisfied the breakdown is irreparable.

AI-assisted research summary: A person cannot petition for divorce within two years of the marriage unless the court first gives leave.

AI-assisted research summary: A person may not petition for divorce unless the dispute has first been referred to the Board and the Board has certified that reconciliation failed, unless one of the stated exceptions applies.

AI-assisted research summary: The ward tribunal is treated as the marriage conciliation board for that ward, and the Minister may designate a community committee or body as the Board in some cases.

AI-assisted research summary: A Board must have a Chairman and at least two, but no more than five, other members.

AI-assisted research summary: Boards handling referred matrimonial disputes must hear the parties, may call others and adjourn if needed, and may use notices or summonses to secure attendance.

AI-assisted research summary: A person cannot be made a co-respondent to a petition for a decree of separation. In a divorce petition alleging adultery, the petitioner may, and if the court directs must, join the alleged adulterer as a co-respondent.

AI-assisted research summary: A separation or divorce petition must include specified details, and a divorce petition usually needs a recent Board certificate. A divorce petition with an adultery allegation may seek damages against the co-respondent, but not if those damages were already claimed under section 72.

AI-assisted research summary: The court must consider the parties’ conduct, circumstances, and community custom when deciding if a marriage has broken down, and it may treat several listed matters as evidence of breakdown.

AI-assisted research summary: A court hearing a separation or divorce petition must examine the facts, property and maintenance arrangements, and children’s arrangements, and in divorce cases consider whether the breakdown is irreparable.

AI-assisted research summary: In a divorce petition, the court may deal with damages for adultery against a co-respondent, including discharging the co-respondent if evidence is insufficient or awarding damages if adultery is proved.

AI-assisted research summary: The court may grant or dismiss separation or divorce petitions, may delay a divorce case for up to six months for inquiries or reconciliation, and must include child maintenance and custody provisions in any decree granted.

AI-assisted research summary: A decree of separation removes the duty for the parties to live together and to provide help and companionship, unless the decree says otherwise, but it does not end the marriage.

AI-assisted research summary: A divorce decree dissolves the marriage after the stated appeal period or when any appeal is finally determined, and a dissolved marriage does not block either party from marrying again.

AI-assisted research summary: The court can set aside or vary a decree of separation in specified circumstances.

AI-assisted research summary: The court may, when granting or after granting a separation or divorce decree, order division of assets acquired during the marriage or order sale of an asset and division of the proceeds.

AI-assisted research summary: The court may order maintenance between spouses or former spouses in the situations listed here, and a wife’s entitlement after dissolution is limited unless the court directs otherwise.

AI-assisted research summary: When the court decides maintenance, it must mainly consider the parties’ means and needs, and also the parties’ responsibility for the marriage breakdown and their community’s customs.

AI-assisted research summary: When awarding maintenance, the court may order the person liable to pay maintenance to secure all or part of it by placing property in trustees.

AI-assisted research summary: An agreement settling future maintenance claims is not effective until the court approves it, and the court may approve it with conditions.

AI-assisted research summary: An order for maintenance ends on the specified death events, unless it is for a shorter period or has been rescinded.

AI-assisted research summary: A divorced person’s right to maintenance ends when they remarry, unless the agreement says otherwise.

AI-assisted research summary: The court may vary or cancel a maintenance order at any time.

AI-assisted research summary: The court may vary a maintenance agreement between husband and wife if it is satisfied there has been a material change in circumstances, despite contrary wording in the agreement.

AI-assisted research summary: Maintenance paid under a court order cannot be assigned, transferred, or taken to satisfy most debts, except a debt due to the Government.

AI-assisted research summary: Maintenance arrears can be recovered as debts, but recovery is barred if the amount became due more than three years before suit. Court maintenance orders are enforced like money decrees.

AI-assisted research summary: The court may place a child in custody with a parent or, in exceptional cases, another relative or child-welfare association.

AI-assisted research summary: A custody order may include conditions, and the person given custody may decide questions about the child’s upbringing and education.

AI-assisted research summary: The court may declare a parent unfit to have custody of a child after separation or divorce proceedings, and may later rescind that order.

AI-assisted research summary: If a marriage is void or annulled under section 96, the mother is entitled to custody of the child unless there is an agreement or court order saying otherwise.

AI-assisted research summary: A man must maintain his children, and a woman must maintain or help maintain her children in the stated cases.

AI-assisted research summary: The court may order a man or woman to pay maintenance for a child in specified family situations.

AI-assisted research summary: The court may order security for child maintenance by requiring property to be vested in trustees.

AI-assisted research summary: An order for a child’s custody or maintenance expires when the child turns 18, unless the order is for a shorter period or has been rescinded.

AI-assisted research summary: The court may vary or rescind a child custody or maintenance order at any time if an interested person applies and the court is satisfied there was misrepresentation, a mistake of fact, or a material change in circumstances.

AI-assisted research summary: The court may change the terms of an agreement about a child’s custody or maintenance, even if the agreement was made before or after the Act started or says otherwise, if the court thinks the change is reasonable and in the child’s welfare.

AI-assisted research summary: Section 124 applies, with necessary changes, to orders for payment of maintenance for a child.

AI-assisted research summary: When deciding custody or maintenance questions for a child, the court should, if practicable, seek advice from a child welfare-trained or experienced person, but it does not have to follow that advice.

AI-assisted research summary: The court may stop a parent or other person from taking a child out of Tanzania, or allow it with conditions, in specified custody or matrimonial cases.

AI-assisted research summary: The court may, on application, set aside a property disposition or stop a planned disposition in certain maintenance-related family cases.

AI-assisted research summary: The court may order a person not to force their company on a spouse or former spouse, or engage in other molestation, during matrimonial proceedings or after annulment, separation, or divorce.

AI-assisted research summary: A court proceeding cannot be used to force a wife to live with her husband, or a husband to live with his wife. A deserted spouse may refer the matter to a Board.

AI-assisted research summary: If Tanzania has an agreement with another country on reciprocal enforcement of maintenance orders, the Minister may declare that sections 142 to 144 apply to that country.

AI-assisted research summary: If a foreign maintenance order is certified and sent to the Minister responsible for foreign affairs, the Minister must forward it to a Mainland Tanzania court for registration.

AI-assisted research summary: A registered order may be enforced as if it were an order made by the court where it is registered.

AI-assisted research summary: Courts must send certain maintenance orders to the Minister responsible for foreign affairs for transmission to the relevant country.

AI-assisted research summary: A person who makes a false statement when giving a notice of intention to marry or a notice of objection to an intended marriage commits an offence.

AI-assisted research summary: A person required to attend before a Board must not refuse or neglect to attend without reasonable excuse.

AI-assisted research summary: A person involved in a proceeding before a Board commits an offence if they knowingly make a false statement, use or create fabricated evidence, destroy or conceal documentary evidence, or try to influence a witness.

AI-assisted research summary: A person who joins a marriage ceremony knowing or believing the other party is below the minimum age commits an offence and may be imprisoned.

AI-assisted research summary: A person who takes part in a marriage ceremony involving prohibited relationships commits an offence, unless they did not know and could not reasonably have discovered the relationship.

AI-assisted research summary: A person who joins or participates in a marriage ceremony knowing the marriage has been prohibited commits an offence and may be imprisoned.

AI-assisted research summary: A person who joins a marriage ceremony knowing it was affected by coercion, fraud, mistake, mental disorder, or intoxication commits an offence and may be imprisoned for up to three years.

AI-assisted research summary: This section makes it an offence for a married woman or a man in the stated marriage scenarios to take part in a ceremony purporting to create a marriage, and it can lead to imprisonment for up to three years.

AI-assisted research summary: A person who joins or takes part in a marriage ceremony while knowing, or having reason to believe, that the officiant is not legally authorised commits an offence.

AI-assisted research summary: A person taking part in a marriage ceremony with fewer than two competent witnesses commits an offence and may be fined up to two thousand shillings.

AI-assisted research summary: A person who takes part in a marriage ceremony in the listed irregular circumstances commits an offence and may be imprisoned for up to six months.

AI-assisted research summary: This section defines “to participate in” a ceremony for sections 148 to 155.

AI-assisted research summary: A person who must apply to register a marriage commits an offence if they do not do so within the prescribed time, unless the marriage has already been registered under section 43(8).

AI-assisted research summary: A person must not unlawfully try to stop an intended marriage, or disturb a marriage ceremony with the purpose of delaying, disturbing, or embarrassing people present.

AI-assisted research summary: A registered marriage is presumed valid, but that presumption can be rebutted.

AI-assisted research summary: If a man and woman have lived together for at least two years in a way that gives them the reputation of being husband and wife, the law presumes they are married. If that presumption is rebutted, the woman may apply for maintenance and the court may grant maintenance and other relief, including custody.

AI-assisted research summary: If a person has not been heard of for five years, the court may treat that as a rebuttable presumption that the person is dead.

AI-assisted research summary: The Chief Justice may make rules and the Minister may make regulations about how parts of the Act are carried out, including forms, procedures, notices, certificates, registers, and fees.

AI-assisted research summary: The written laws listed in the First Schedule to this Act are repealed.

AI-assisted research summary: This section amends the written laws listed in the Second Schedule as specified in that Schedule.

AI-assisted research summary: This section preserves certain existing marriages and pending proceedings when the Act starts, and it also keeps some earlier divorce or separation proceedings moving under the new Act.

AI-assisted research summary: This section is omitted and only notes a translation of the Act into Kiswahili.

AI-assisted research summary: The Minister must translate the Act into Kiswahili and publish the translation in the Gazette, and must add later amendments to the Kiswahili version. The Minister may also change the translation to remove ambiguities or errors.