The procedures in matrimonial disputes in Tanzania
It's the prayer for lovers to be in a lovely state throughout their lives until death separates them, but as time goes on, situations do change; either love grows or declines at the climax stage or before it. When the situation changes after or before the climax and love declines, matrimonial struggle arises; sometimes it leads to separation or divorce. When spouses face this situation and live in the United Republic of Tanzania, what could they do? It's the topic of today.
When a spouse lives in no-love mode for at least two years, and there is no indication of reconciling the family issues, any spouse can initiate separation/ divorce to the court of law.
- When going to court, there are several procedures to be adhered to, including that the parties must first go to the Marriage Conciliation Board for reconciliation;
- The participants to the marriage conciliation board have to be heard as his/her constitutional right as per section 104 (1) of the Marriage Act.
Failure of any party to participate in the marriage conciliation board vitiates the whole procedure at the lower or appellate court. thus its mandatory for parties to go through the marriage conciliation board per the Marriage Act of Tanzania Cap 29 RE 2023, and Mabula Sayi v. Kalekwa Malahya (Civil Appeal No. 195 of 2022) [2024] TZCA, and Maliamacho Rashid Mgunga v. Amiri Khalfani Swedi (Civil Appeal No. 20467 of 2025) TZHC. and Said Songati vs Hawa Abasi Tije (Miscellaneous Civil Application No. 9145 of 2026) [2026] TZHC 5232 (8 September 2026)
if the board concludes and marks that the parties fail to reconcile, the court can then proceed to hear the matter and grant relief to the parties.
At the court level, parties can pray for divorce/ separation for a specific period of time, and the court can issue it.
note that, decree for separation can only issue to parties on court discration and when there is a likelyhood for parties to solve their matrimonial struggle after getting long period of time to be aparty, and can be granted only when therein love pending in parties heart (parties has to help the court in dicinding on these reasons.)
But if there is no love left between the parties at all, the court can grant a decree of divorce directly.