The journey to divorce in Tanzania

Reaching the decision to end a marriage is never easy. If you’ve come to the point where divorce feels like the only option, it’s important to understand the legal process in Tanzania. Divorce here involves specific steps designed to encourage reconciliation before dissolution.

1.  Exhaust All Options for Reconciliation

Before filing for divorce, ask yourself:

• Have you and your spouse genuinely tried to resolve your issues through open communication? 
• if discussions failed, did you involve family, elders, or trusted friends to mediate? Sometimes, an outside perspective can help clarify misunderstandings.  

If these efforts haven’t worked, the law requires further steps before proceeding.

      2.  Attend the Marriage Conciliation Board

Tanzanian law mandates that couples must appear before a Marriage Conciliation Board before filing for divorce. These boards are set up to help spouses resolve conflicts and explore reconciliation.

Why is this necessary?

• The court will dismiss a divorce petition if this step is skipped.
• It ensures that all avenues for saving the marriage have been exhausted.

Only if reconciliation fails can you proceed with formal divorce proceedings. At the marriage conciliation board, the board will try to reconcile the spouses and if it works then cheers no divorce but if it fails it will certify that it has failed to do so.

Section 101 of the Law of Marriage Act provides:

"101. Requirement of prior reference to BoardNo person shall petition for divorce unless he or she has first referred the matrimonial dispute or matter to a Board and the Board has certified that it has failed to reconcile the parties:"

"The law is clear when it comes to hearing the matrimonial cause, a foundation of hearing such cases is laid down on the certificate of the Matrimonial Conciliation Board." Vumilia Aizeck vs Osia Mwambande (Matrimonial Appeal No. 13 of 2022) [2024] TZHC 133 (6 February 2024)

Abdallah Hamis Kiba vs. Ashura Masatu, Civil Appeal No. 465 of 2020, CAT at Musoma (unreported) where it was observed that;

"As we held in Hassani Ally Sandali (supra); and Yohana Balole v. Anna Benjamin Malongo, Civil Appeal No. 18 of 2020 (unreported), it is settled that a petition for divorce

instituted without being accompanied by a valid certificate in terms of section 101 of the Act is incomplete, premature and incompetent - see also the High Court's decision in Shillo

Mzee v. Fatuma Ahmed [1984] TLR 112. On that basis, we hold that the entire proceedings and the decisions of the courts below are a nullity as they stemmed from the illegal assumption of jurisdiction by the trial court despite the absence of a valid certificate. Needless to say, the trial court's decree of divorce is quashed for being a nullity. Should the respondent desire to pursue her quest for divorce, she is at liberty to do so afresh according to the law."

    3. Institute divorce petition in court

Now, after all the above and the marriage is still on the rocks, well then you might as well as institute the case in proper court.

Section 76 of the Law of Marriage Act: 

76. Jurisdiction of courts

Original jurisdiction in matrimonial proceedings shall be vested concurrently in the High Court, a court of a resident magistrate, a district court and a primary court.