Divorce
The High Court, a resident magistrate's court, a district court and a primary court all have original jurisdiction in matrimonial proceedings (s. 76), and a petitioner must be domiciled in Tanzania or have lived there for at least one year (s. 77(3)). A decree of divorce ends the marital status 30 days after the decree if no appeal or notice of appeal is filed, or on the final decision of an appeal (s. 112(1)). Evidence of breakdown includes adultery, mental or physical cruelty, wilful neglect, desertion for at least three years, separation of at least three years, a respondent's imprisonment for life or five years or more, certified incurable mental illness, and a change of religion where the shared faith treats it as ground for dissolution (s. 107(2)).
The ward tribunal established under the Ward Tribunal Act serves as the Marriage Conciliation Board for its ward, and the Minister may designate a body set up by a community as the Board for its members (s. 102); a Board has a chairman and two to five other members (s. 103), hears both sides without advocates (s. 104(8)) and issues a certificate of failure that must be filed with the petition and be no more than six months old (s. 106(2)). The certificate is not needed where the petitioner has been deserted and does not know where the spouse is, where the respondent lives abroad and is unlikely to enter Tanzania within six months, where he or she wilfully ignored a summons, where the respondent is jailed for life or five years or more, where there is incurable mental illness, or in extraordinary circumstances (s. 101).
The court may refuse a decree when a petition rests exclusively on the petitioner's own wrongdoing (s. 107(1)(a)), may adjourn for up to six months for reconciliation (s. 110(2)), and must make provision for custody and maintenance of the children (s. 110(3)). Custody turns on the child's welfare, with a rebuttable presumption that a child under seven is better with its mother (s. 125(2) and (3)). A court may order a husband to pay maintenance to his wife during the proceedings and when it grants a decree, but once the marriage is dissolved she is not entitled to maintenance for herself unless the court directs it for a special reason (s. 115(1) proviso), it ends when she remarries (s. 120), and orders for children end at 18 (s. 132). A woman is not ordered to pay her husband's costs unless she has means of her own (s. 90(1)).
An appeal from a primary, district or resident magistrate's court lies to the High Court and must be filed in the magistrate's court within 45 days of the decision (s. 80(1) and (2)). A divorce granted abroad is recognised if the petitioner was domiciled there or had lived there for at least two years (s. 91), and RITA charges TSh 200,000 to register a foreign divorce and TSh 40,000 to issue a certificate for a Tanzanian decree, which it issues only when no appeal is pending or the time for one has expired.
On Zanzibar, the Kadhis' Courts hear divorce between Muslims (Kadhis' Courts Act No. 3 of 1985, s. 6) and are subordinate to the High Court; a divorce case reported in a 2014 article ran from the district Kadhi's court to the Chief Kadhi's Court and then to the High Court at Vuga, and procedure follows the Civil Procedure Decree because no Kadhis' procedure rules had been made. UN Women's 2024 review lists a Kadhi's Court Act of 2017 and recommends a family law for practising Muslims.
Key points
| Ground | Irreparable breakdown of the marriage (s. 99) |
|---|---|
| Early petition | Not within 2 years of the marriage without leave, which needs exceptional hardship (s. 100) |
| Conciliation | Board certificate required, issued not more than 6 months before the petition (ss. 101 and 106(2)) |
| Courts | High Court, resident magistrate, district court or primary court (s. 76) |
| Residence test | Domiciled in Tanzania or resident for at least 1 year (s. 77(3)) |
| Effect of the decree | Marital status ends 30 days after the decree if no appeal (s. 112(1)) |
| Appeal | To the High Court within 45 days (s. 80(2)) |
| Custody | Child's welfare paramount; child under 7 presumed to be better with the mother (s. 125) |
| Maintenance of a former wife | None after dissolution unless the court directs for special reason (s. 115(1) proviso); ends on remarriage (s. 120) |
| RITA divorce certificate | TSh 40,000 once no appeal is pending (RITA) |
In practice
- Take the dispute first to a ward Marriage Conciliation Board, or to another body RITA recognises such as the Social Welfare Commissioner's board or a church or BAKWATA board, and collect its certificate of failure to reconcile; no advocate may appear before a Board, and only a family member may represent a party without the Board's leave (s. 104(8)).
- If the marriage is under two years old, apply for leave first and show exceptional hardship (s. 100).
- File the petition with the s. 106(1) particulars: the marriage, the children's names, ages and sex, the facts giving the court jurisdiction, the principal allegations, any admission of your own misconduct, and your agreement or proposals on maintenance and on dividing jointly acquired assets; attach the Board's certificate.
- Ask for interim orders as needed: maintenance during the proceedings (ss. 115(1)(c) and 130(1)(c)), an injunction against disposals aimed at defeating claims (s. 138) and an order restraining molestation (s. 139).
- After the decree becomes final, apply through eRITA for the divorce certificate with the judgment, the decree and the marriage certificate; RITA charges TSh 40,000.
Cost and coverage
RITA charges TSh 40,000 for the certificate of a Tanzanian divorce decree and TSh 200,000 to register a foreign one; no fee schedule for court filing was found in the sources opened for this page.
Recent changes
The World Bank's Women, Business and the Law 2024 sheet for Tanzania scores the legal framework on marriage at 100, citing s. 99 (equal access to divorce) and s. 112(2) (equal right to remarry), but answers no on specialised family courts, a fast-track procedure for family disputes and legal aid for them, noting insufficient evidence located.
Where to go
- The ward Marriage Conciliation Board or another recognised board (church, BAKWATA, Social Welfare Commissioner) before any petition (RITA; s. 102).
- A primary court, district court, resident magistrate's court or the High Court for the petition (s. 76).
- RITA, for the divorce certificate and for registering a foreign divorce.
- On Zanzibar, the Kadhis' Courts for Muslim couples, with the High Court at Vuga above them (2014 article).
Frequently asked questions
Can a husband divorce his wife by pronouncing talaq?
Not on the Mainland: RITA states that only a court can dissolve a marriage and that pronouncements outside court are not divorces under the Act; for a Muslim couple s. 107(3) lets the court rely on an act that would have dissolved the marriage in Islamic law once a Board has certified failure to reconcile.
Does adultery or other fault decide the case?
Fault is evidence, not the ground: proof of adultery or cruelty does not entitle a party to a decree as of right (s. 107(2)), the single ground is irreparable breakdown (s. 99), and the court may refuse a petition founded only on the petitioner's own wrongdoing (s. 107(1)(a)).
Who keeps the children after a divorce?
The court places a child with the father, the mother or exceptionally a relative, treating the child's welfare as paramount, with a rebuttable presumption in favour of the mother for a child under seven (s. 125); the father must maintain the children, and the mother where he is dead, cannot be traced or cannot pay (s. 129), and a custody or maintenance order expires when the child turns 18 (s. 132).
Sources
- Law of Marriage Act, Cap. 29, Revised Edition 2023 (Attorney General's Office, official revised text) — ss. 76, 77, 80, 90, 91, 99 to 112, 115, 120, 125 and 129 to 139 as printed in the Revised Edition 2023
- RITA (Registration Insolvency and Trusteeship Agency) -- marriage and divorce services page, in Kiswahili (opened 12 October 2026) — divorce procedure, recognised conciliation boards, divorce certificate and foreign-divorce fees
- World Bank, Women, Business and the Law 2024 -- Tanzania country data (main business city: Dar es Salaam) — marriage indicator: s. 99, s. 112(2), no specialised family courts, fast-track procedure or legal aid
- Anthony Kidima Kaliwa v Rosemary Lengwa Samweli, PC Matrimonial Appeal No. 3 of 2021, High Court at Shinyanga (1 July 2022) — High Court, Shinyanga, 1 July 2022: dissolution, 50% share and TSh 100,000 monthly maintenance
- "Administration of Islamic Law in Kadhis' Court in Zanzibar", Jurnal Undang-Undang (JMCL) vol. 41(1), 2014 — Kadhis' Courts of Zanzibar: jurisdiction, appeals, procedure
- UN Women Tanzania, Analysis of the laws of Tanzania Mainland and Zanzibar from a gender perspective (2024 brief) — Zanzibar's Kadhi's Court Act 2017 and the family-law recommendation for Muslims