Under Tanzanian law, divorce and separation are governed by the Law of Marriage Act, 1971.
In simple terms, the law encourages couples to try to resolve their differences before rushing to court. It is not enough to seek divorce over minor issues such as a forgotten birthday or an occasional disagreement.
Before granting a divorce, the court must be satisfied that the marriage has irretrievably broken down not merely strained by temporary misunderstandings or everyday frustrations.
Couples are first referred to a Marriage Conciliation Board where elders attempt to help them reconcile, often drawing from experience and traditional wisdom.
If reconciliation fails, a petition for divorce may be filed. Separation is also an option for couples who cannot continue living together but are not yet ready to formally end the marriage.
In both cases, the court determines matters relating to child custody, maintenance and the division of property. The welfare of the children remains the court’s primary consideration regardless of the circumstances between the parents.
