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Tanzania: getting married, divorce and civil partnership

Tanzania runs two marriage regimes: on the Mainland the Law of Marriage Act (Cap. 29) governs civil, religious and customary marriages alike, while Zanzibar applies its own decrees and Islamic personal law through the Kadhis' Courts. The Court of Appeal ruled in 2019 that the Act's lower marriage age for girls (15, against 18 for men) is unconstitutional, yet the Revised Edition 2023 still prints it and a stakeholder meeting in Dodoma on 30 September 2026 was still discussing the reform.

Illustration: Marriage, partnership and divorce
Location map — Tanzania
Tanzania. Simplified location map — Natural Earth data, public domain.

Marriage

On the Mainland a marriage needs 21 days' notice, two witnesses and a registered certificate, and the printed minimum age of 18 for men and 15 for women (Law of Marriage Act, s. 13) was held unconstitutional by the Court of Appeal in 2019 but has not been amended.

Minimum age (statute)Man 18, woman 15; court leave from 14 for both in special circumstances (s. 13, Cap. 29 R.E. 2023)
Minimum age (court ruling)Ss. 13 and 17 held unconstitutional; 18 for both sexes ordered, Act not yet amended (Gyumi, Court of Appeal, 23 Oct 2019)
Consent for a girl under 18Father, else mother, else guardian; a court may substitute its consent (s. 17)

Full detail: Marriage

Partnerships and cohabitation

Section 160(1) of the Law of Marriage Act creates a rebuttable presumption that a couple who have lived together for two years or more, in circumstances giving them the reputation of being husband and wife, were duly married. If the presumption is rebutted, s. 160(2) lets the woman apply for maintenance for herself and a child of the union and gives the court the reliefs it can grant on separation or divorce, including custody. The Act contains no other provision on unmarried couples; its ss. 9 to 10 deal only with marriage.

The Law Reform Commission recommended in April 1994 that s. 160 be repealed as an unnecessary encroachment on the sanctity of marriage, and the Minister for Justice told Parliament in July 1997 that the proposal would go to wider public discussion first (Rwezaura, Journal of African Law, 1998). The section is still printed in the Revised Edition 2023 of Cap. 29.

The presumption does not trump a subsisting marriage: a man married monogamously may not contract another marriage (s. 15(1)), and a Dar es Salaam law firm's Q&A of 7 July 2025 states that the presumption cannot be invoked to defeat a legally recognised monogamous marriage, such as a Christian one. For a woman whose partner was already married, the presumption therefore fails and the maintenance route in s. 160(2) is what remains.

A father must maintain his children whether or not they are in his custody (s. 129(1)), and an order for a child ends when the child reaches 18 (s. 132). Zanzibar has a separate Spinsters and Single Parent Children Protection Act of 2005, which UN Women recommended in 2024 be repealed and replaced because maintenance is also covered by Zanzibar's Children's Act 2011, whose maintenance orders expire at 18 unless the court continues them for a child still in education or training (s. 68).

Key points

Registered partnershipNone: the Act regulates marriage (ss. 9 and 10) and the s. 160 presumption only
Presumption of marriageTwo years or more of cohabitation plus the reputation of husband and wife; rebuttable (s. 160(1))
If the presumption is rebuttedWoman may claim maintenance for herself and a child of the union, with custody and other divorce-type reliefs (s. 160(2))
Effect on a subsisting marriageNone: a man married monogamously cannot marry again (s. 15(1))
CourtHigh Court, resident magistrate's court, district court or primary court (s. 76)
Form of claimApplication by summons in chambers unless included in a petition (s. 81(b))
Child maintenanceFather's duty whether or not in his custody (s. 129(1)); orders end at 18 (s. 132)

In practice

  • Keep proof of the two things s. 160(1) turns on: two years or more of living together, such as a lease or utility bills, and the couple's reputation as husband and wife, such as forms naming the other as spouse and evidence from neighbours and relatives.
  • Bring the claim in any of the four courts with matrimonial jurisdiction (s. 76); an application for maintenance or custody not included in a petition is made by summons in chambers (s. 81(b)).
  • Ask separately for a child's maintenance under s. 130(1), which allows an order against a father who has neglected to provide for the child or deserted the mother.

Recent changes

The 2022 TDHS-MIS found that 61% of women and 51% of men aged 15 to 49 are married or living with a partner, and that 15% of married women have co-wives while 6% of married men have two or more wives.

Where to go

  • A district court, resident magistrate's court or primary court, which all have concurrent jurisdiction with the High Court in matrimonial proceedings (s. 76).
  • On Zanzibar, the Children's Court in each region, which hears maintenance, custody and parentage claims (Children's Act 2011, s. 18).

Frequently asked questions

Does living together for two years make a couple married in Tanzania?

It raises a rebuttable presumption of marriage rather than creating a marriage: s. 160(1) needs two years or more in circumstances that earned them the reputation of husband and wife, and a court can rebut it, for example by proof that one partner was already in a monogamous marriage.

What can a woman claim when the presumption is rebutted?

Maintenance for herself and for a child of the union, and the other reliefs a court can order on separation or divorce, including custody (s. 160(2)); Rwezaura reads this as reaching the division of jointly acquired assets.

Sources

The general article: Partnerships and cohabitation · Compare with another country

Same-sex marriage

The Law of Marriage Act defines marriage as the voluntary union of a man and a woman (s. 9(1)); RITA's marriage page adds that under this definition there is no temporary marriage, no marriage between persons of the same sex and no contract marriage. Mainland Penal Code s. 154 punishes carnal knowledge 'against the order of nature' with life imprisonment and not less than thirty years, and s. 157 punishes gross indecency between men with five years. Zanzibar's Penal Act No. 6 of 2018, assented to on 16 March 2018, repealed the Penal Act of 2004.

On the Mainland, s. 155 sets a minimum of twenty years for an attempt at the s. 154 offences, and s. 138A punishes gross indecency between persons, in public or private, with one to five years' imprisonment or a fine of TSh 100,000 to TSh 300,000. Section 157 applies to male persons whether in public or private.

Zanzibar's Penal Act sets thirty years for the s. 133 offence (the same carnal knowledge 'against the order of nature'), up to ten years for an attempt (s. 134), five to ten years for a woman or girl who commits an act of lesbianism (s. 136), and three to five years or a fine of TSh 3 million to TSh 5 million for gross indecency (s. 137(1)). Section 140 makes it an offence to enter, arrange or celebrate a union with a person of the same sex, whether or not it amounts to marriage, or to live as husband and wife with such a person; the 2004 provision it replaced carried up to seven years.

The Immigration and Refugee Board of Canada reported on 17 September 2018 that Human Rights Watch had found, in June 2017, that the laws were rarely applied but that police and officials used them as a pretext to extort, abuse and marginalise, and that at least nine young men had been arrested in Zanzibar in December 2016 and charged with 'homosexual conduct'.

Key points

MarriageOnly between a man and a woman (Law of Marriage Act, s. 9(1))
Registered partnershipNone provided for in the Act
Mainland, carnal knowledge against the order of natureLife imprisonment and in any case not less than 30 years (Penal Code, s. 154(1)); attempt, not less than 20 years (s. 155)
Mainland, gross indecencyBetween men: 5 years (s. 157); between any persons: 1 to 5 years or a fine of TSh 100,000 to 300,000 (s. 138A)
Zanzibar, carnal knowledge against the order of nature30 years (Penal Act 2018, s. 133); attempt, up to 10 years (s. 134)
Zanzibar, between women5 to 10 years (s. 136)
Zanzibar, same-sex unionOffence to enter, arrange, celebrate or live in one (s. 140)
Marriage celebrated abroadRecognised only if both parties also had capacity under the Act where one is a Tanzanian citizen or domiciled on the Mainland (s. 36(d))

Worth knowing

Sections 138A and 157 apply to acts 'in public or private', and Zanzibar's s. 137(1) uses the same words, so an offence is not confined to public conduct; the Mainland and Zanzibar are separate criminal jurisdictions with different penalties.

Frequently asked questions

Is a same-sex marriage celebrated abroad recognised in Tanzania?

The Act recognises a foreign marriage only if, among other conditions, both parties had capacity to marry 'according to this Act' where either is a Tanzanian citizen or domiciled on the Mainland (s. 36(d)), and it defines marriage as the union of a man and a woman (s. 9(1)); on Zanzibar s. 140 of the Penal Act separately makes entering or living in a same-sex union an offence.

Do the Mainland and Zanzibar punish the same conduct in the same way?

No: the Mainland sets life imprisonment with a thirty-year minimum for the s. 154 offence, whereas Zanzibar sets thirty years under s. 133, and only the Zanzibar Penal Act names women expressly (s. 136, five to ten years).

Sources

The general article: Same-sex marriage · Compare with another country

Religious ceremony

Section 25(1) allows four forms of marriage: civil; the rites of a specified religion where both parties belong to it; Islamic form where the intended husband is a Muslim; and the rites of customary law. Christianity is a specified religion by definition (s. 2(1)) and the Minister may add others by order (s. 25(2)). A minister must hold a licence from the Registrar General, who may cancel it, and no minister can be compelled to celebrate a marriage (s. 30).

A marriage between two Christians celebrated in a church in Christian form cannot be converted to a polygamous marriage while both continue to profess the faith (s. 11(5)), and a couple marrying in a church in Christian form must include a declaration that the husband is not already married (s. 18(2)(i)). An Islamic or customary marriage is presumed polygamous unless the contrary is shown (s. 10(2)(a)).

The Act builds Islamic practice into its procedure: a kadhi or a Muslim registration officer may celebrate (s. 30(3)); a woman widowed or divorced from an Islamic-form marriage who remarries during the customary iddat makes the new ceremony void (s. 38(1)(j)); a court can order maintenance for the iddat period (s. 115(1)(f)); and where a Board has certified failure to reconcile a Muslim couple and either has done an act that would have dissolved the marriage in Islamic law, the court must find the marriage irreparably broken and grant a divorce (s. 107(3)), dating it as the Islamic law would (s. 112(3)).

Quoting s. 11(4) of the Judicature and Application of Laws Act, the Court of Appeal said in the Gyumi judgment that the rules of customary and Islamic law 'shall not apply' to any matter provided for in the Law of Marriage Act, and rejected the Attorney General's argument that the Act coexists with a parallel customary and religious system.

Zanzibar's Muslim marriages are registered under the Marriage and Divorce (Muslim) Registration Decree 1936 and, according to the German Federal Foreign Office, a non-Muslim husband cannot marry a Muslim woman under Islamic law there, and registering an invalid religious marriage at the registry does not make it valid. The Kadhis' Courts of Zanzibar hear questions of Muslim personal status, marriage, divorce and inheritance where all parties profess Islam (Kadhis' Courts Act No. 3 of 1985, s. 6).

Key points

Forms of marriageCivil; specified religion; Islamic (husband a Muslim); customary (s. 25(1))
Christian marriage in churchMonogamous; not convertible while both parties profess Christianity (s. 11(5))
Islamic and customary marriagePresumed polygamous unless the contrary is proved (s. 10(2)(a))
Minister's licenceIssued and cancellable by the Registrar General (s. 30); RITA application fee TSh 60,000
Licensed officiants8,188 numbered entries in RITA's list of active licences at 30 June 2025
Place of ceremonyA place of public worship or gathering, or a place approved by licence (ss. 30(1) and 31)
Remarriage after an Islamic-form marriageNot before the customary iddat ends (ss. 38(1)(j) and 68)
Unlicensed officiantCeremony void only if both parties knowingly acquiesce (s. 38(1)(g)); fine up to TSh 2,000 for a party who knew (s. 153)
Custom and Islamic rulesInoperative on matters the Act regulates (Judicature and Application of Laws Act, s. 11(4), applied in Gyumi, 2019)

In practice

  • Ask the officiant for the licence number and check it against RITA's published list of ministers with active licences, dated 30 June 2025; RITA says an officiant must hold the marriage-certificate books issued by the Registrar General to register a wedding and hand over a certificate.
  • Have the minister or kadhi complete the marriage certificate in duplicate immediately after the ceremony and keep your copy (ss. 33(1) and 43(2) to (3)); where a registration officer attends an Islamic or customary marriage instead, he sends the statement of particulars to the kadhi or district registrar (s. 33(2) and (3)).
  • For an Islamic marriage, tell the kadhi in advance if either party is a widow or divorcee still within her iddat, because remarriage in that period is void (s. 38(1)(j)).

Recent changes

RITA published on 3 July 2025 its list of officiants with active licences up to 30 June 2025, running to 8,188 numbered entries across churches, mosques and religious bodies, and runs the online licence application at TSh 60,000.

Where to go

  • The Registrar General of Marriages and Divorces (RITA), for officiant licences and for special-place licences under s. 31.
  • A kadhi, for marriages in Islamic form (s. 30(3)); on Zanzibar, the Kadhis' Courts for personal-status disputes between Muslims.

Frequently asked questions

Does a church or mosque wedding need a separate civil ceremony?

No: ss. 25(1)(b) and (c) allow marriage by religious rites directly and the minister or kadhi registers it and issues the certificate (ss. 43(2) and (3)); a later second ceremony does not change the status of the first marriage (s. 15(4)).

What if the officiant turns out to have no licence?

The ceremony is a nullity only if both parties knowingly and wilfully acquiesce in an officiant not lawfully entitled to officiate (s. 38(1)(g)); otherwise the marriage stays valid unless both knew (s. 41(d)), but a party who knew commits an offence punishable by a fine of up to TSh 2,000 (s. 153).

Can a widow married in Islamic form remarry straight away?

No: s. 68 frees a widow to remarry any man of her choice but, for a marriage in Islamic form, only after the customary iddat has expired, and a ceremony held within it is void (s. 38(1)(j)).

Sources

The general article: Religious ceremony · Compare with another country

Wedding customs and ceremonies

The Act lets couples from communities that follow customary law marry by those rites, in the presence of a registration officer (ss. 25(1)(d) and 32(b)), and presumes such marriages polygamous (s. 10(2)(a)). It defines dowry as any payment of stock, goods, money or other property made or promised in consideration of an intended marriage (s. 2(1)), but treats it as irrelevant to validity (s. 41(a)). Several customs are displaced outright: no spouse may inflict corporal punishment 'notwithstanding any custom' (s. 66), a widow is free to live where she pleases and to remarry (s. 68), and co-wives have equal rights (s. 57).

A promise of marriage is enforceable only in damages: the claim is limited to loss from expenditure incurred directly because of the promise, cannot be brought against someone who was under 18 when promising, must be filed within one year of the breach, and never leads to specific performance (ss. 69 and 70). A gift made in contemplation of a marriage that does not take place can be recovered only if the giver intended it to be conditional on the marriage (s. 71); in Mohamed Ndatwa v Hamisi Omari [1988] TLR 137 the High Court held that payments made in contemplation of marriage, whatever they are called, are gifts under s. 71 and that customary rules on their return are suspended.

Where no registration officer attends a customary ceremony, the parties must apply for registration within thirty days to the officer to whom they gave notice (s. 43(5)); neglecting that duty is an offence with a fine of up to TSh 500 (s. 157), yet the marriage stays valid (s. 41(f)). A man's existing wife can object to a further wife on grounds of hardship to the family or the intended wife's bad character, and the objection goes to the Marriage Conciliation Board (ss. 20(2) and 21(1)(b)).

The 2022 TDHS-MIS (Mainland and Zanzibar) found that 29% of women and 4% of men aged 20 to 24 were married by 18, that women aged 25 to 49 marry at a median age of 19.8 against 24.9 for men, and that rural women marry earlier than urban women (19.2 against 21.4 years); 15% of married women have co-wives and 6% of married men have two or more wives.

Key points

DowryPayment promised in consideration of marriage (s. 2(1)); not a condition of validity (s. 41(a))
Engagement giftsRecoverable only if given conditional on the marriage (s. 71)
Breach of promise to marryDamages limited to expenditure; suit within 1 year; no specific performance (ss. 69 and 70)
Customary marriage registrationWithin 30 days where no registration officer attends (s. 43(5)); validity unaffected if late (s. 41(f))
Polygamy objectionExisting wife may object on hardship or character grounds; heard by the Marriage Conciliation Board (s. 20(2))
Status of wivesEqual rights, liabilities and status (s. 57)
Corporal punishment of a spouseNo right, notwithstanding custom (s. 66)
WidowsFree to live where they please and to remarry (s. 68)
Married by 18 (ages 20 to 24)29% of women and 4% of men (2022 TDHS-MIS)

Recent changes

On 15 May 2026 the fact-checker DUBAWA rated as misleading a viral claim that Tanzania had raised the minimum marriage age to 30, finding no such law or announcement and noting that civil-society groups were campaigning to amend the parts of the Act that allow girls to marry under 18.

Who to ask

  • Divisional officers acting as registration officers through the District Commissioner's office, for customary marriages (RITA).
  • The ward's Marriage Conciliation Board, which hears a wife's objection to a polygamous marriage (ss. 20(2) and 102).
  • Primary courts, which have jurisdiction over claims for breach of promise, return of gifts, adultery and enticement between parties married by customary or Islamic rites (s. 75).

Frequently asked questions

Is a marriage invalid if the bride price was not paid?

No: s. 41(a) says a marriage that otherwise meets the Act's requirements is valid despite any non-compliance with custom relating to dowry or to giving or exchanging gifts before or after the marriage.

Can the groom's family reclaim gifts after an engagement is broken?

Only gifts made in contemplation of a marriage that never took place and intended by the giver to be conditional on it, under a claim in court (s. 71); customary rules on returning such payments are suspended (Mohamed Ndatwa v Hamisi Omari, [1988] TLR 137).

How many Tanzanian women marry before 18?

The 2022 TDHS-MIS puts the share of women aged 20 to 24 who were married by 18 at 29%, compared with 4% of men of that age.

Sources

The general article: Wedding customs and ceremonies · Compare with another country

Matrimonial property and inheritance

Marriage does not change who owns what: s. 58 keeps each spouse's property separate subject to s. 59 and to any agreement to the contrary. Property bought in one spouse's name is presumed to belong absolutely to that spouse, and property in joint names is presumed to be owned in equal shares, both presumptions being rebuttable (s. 60); a gift between spouses is presumed to belong to the receiver (s. 61), and neither spouse answers for a debt the other contracted before the marriage (s. 62).

While the marriage subsists, a spouse who owns an interest in the matrimonial home may not sell, give, lease or mortgage it without the other spouse's consent, and the other spouse has an interest that can be protected by caveat (s. 59(1)). If the home is transferred without consent, the buyer takes it subject to the other spouse's right to stay until the marriage ends or a court orders otherwise, unless the buyer proves no notice (s. 59(2)). The Land Act adds that a mortgage of a matrimonial home is valid only if the application or grant documents are signed or assented to by the mortgagor and the spouse living there (s. 114(1)); a borrower who knowingly gives false information about a spouse faces a fine of not less than half the loan or at least twelve months' imprisonment (s. 114(4)), and a disposition obtained by misleading the lender is voidable by the spouse who did not consent (s. 161(3)).

On separation or divorce, s. 114 of the Act lets the court order division of assets acquired during the marriage by joint efforts, or their sale and division of the proceeds, having regard to the customs of the community, each party's contribution in money, property or work, debts contracted for joint benefit and the needs of the children, and then to incline towards equality; an asset owned before the marriage but substantially improved by the other spouse or by joint efforts counts (s. 114(3)). The Court of Appeal's rule since Bi Hawa Mohamed v Ally Sefu [1983] TLR 32 is that 'joint efforts' and 'work' cover a spouse's domestic efforts, and Bibie Maulid v Mohamed Ibrahim [1989] TLR 162 added that housework is a contribution but 'not necessarily 50%'.

In Yesse Mrisho v Sania Abdul (7 November 2019) the Court of Appeal corrected a High Court statement that proof of marriage makes each party's contribution irrelevant, held that the wife's housework and work in the couple's photo studio produced equal shares in the house, ordered it valued and gave each party the first option to buy out the other. In a 2022 Shinyanga appeal the High Court upheld a 50% share each in the matrimonial house, where the wife's account of joint farming and businesses went unchallenged, and a maintenance order of TSh 100,000 a month for three children.

A court can also set aside, on application, a disposition of property made within the preceding three years to reduce a spouse's means to pay maintenance or to deprive the other spouse of rights in that property, and can enjoin one intended (s. 138(1)); a transaction for value with someone acting in good faith and unaware of that object is not caught (s. 138(2)(a)); and spouses can record an agreement on matrimonial property when they agree to live apart, which a court may vary if circumstances change or the children's interests require it (s. 67).

Key points

Ownership during marriageUnchanged by the marriage (s. 58)
Property in one spouse's nameRebuttable presumption it belongs to that spouse alone (s. 60(a))
Property in joint namesRebuttable presumption of equal beneficial interests (s. 60(b))
Matrimonial homeNo sale, gift, lease or mortgage without the other spouse's consent (s. 59(1)); mortgage valid only with the spouse's assent (Land Act, s. 114(1))
Debts from before the marriageNeither spouse liable for the other's (s. 62)
Division on separation or divorceAssets acquired by joint efforts; courts incline towards equality (s. 114(2))
HouseworkCounts as a contribution (Bi Hawa Mohamed, 1983; Yesse Mrisho, 2019)
Dispositions to defeat claimsThose made in the preceding 3 years can be set aside (s. 138(1))
Co-occupancy of landSpouses holding land for both are presumed occupiers in common; a spouse's labour gives an interest (Land Act, s. 161(1) and (2))

In practice

  • Register property in both names when buying together: s. 60(b) presumes equal interests where title is joint, whereas property in one name is presumed that spouse's (s. 60(a)), and the World Bank's 2024 country sheet credits s. 60 as the incentive for joint titling.
  • If a spouse is selling or mortgaging the home, lodge a caveat at the land registry: s. 59(1) deems the other spouse to hold an interest that can be protected by caveat or caution under the land-registration law.
  • Gather evidence of each contribution before petitioning: s. 114(2)(b) weighs money, property and work, and in Yesse Mrisho the Court of Appeal insisted that the contribution of each party is assessed, with no automatic half share.
  • State in the divorce petition any agreement on the division of jointly acquired assets, or your own proposal, because s. 106(1)(f) requires it and the court must be satisfied the arrangements are reasonable (s. 108(b)).

Where to go

  • The land registry where the title is held, to enter a caveat under s. 59(1).
  • Any of the four courts with matrimonial jurisdiction -- primary, district, resident magistrate's or High Court -- for a s. 114 order (s. 76).

Worth knowing

Section 114 operates only when a decree of separation or divorce is granted or has been granted; on death, inheritance is governed by the customary, Islamic or statutory rules, and the World Bank's 2024 sheet records that sons and daughters, and male and female surviving spouses, do not inherit equally under the Second Schedule of the Local Customary Law (Declaration) (No. 4) Order.

Frequently asked questions

Does a housewife get a share of the family home on divorce?

Courts count domestic work as a contribution to the acquisition of matrimonial assets, so she can: the Court of Appeal ordered equal shares in Yesse Mrisho (2019), but it also reaffirmed that the share depends on the contribution proved and is not necessarily 50% (Bibie Maulid, 1989).

Can my husband sell the house we live in without my signature?

Not lawfully while the marriage subsists: s. 59(1) bars it without your consent, and a buyer takes the house subject to your right to stay until the marriage ends or a court orders otherwise, unless he proves that he had no notice of your interest and could not reasonably have discovered it (s. 59(2)); a mortgage of the home also needs your assent under s. 114(1) of the Land Act.

Am I liable for debts my spouse had before we married?

No: s. 62 provides that, subject to the Bankruptcy Act, no person is liable for a debt contracted by the spouse before the marriage.

Sources

The general article: Matrimonial property and inheritance · Compare with another country

Divorce

Only a court can end a marriage on the Mainland: the ground is irreparable breakdown (Law of Marriage Act, s. 99), a petition in the first two years needs leave (s. 100), and a Marriage Conciliation Board must first certify that it failed to reconcile the couple (ss. 101 and 106(2)).

GroundIrreparable breakdown of the marriage (s. 99)
Early petitionNot within 2 years of the marriage without leave, which needs exceptional hardship (s. 100)
ConciliationBoard certificate required, issued not more than 6 months before the petition (ss. 101 and 106(2))

Full detail: Divorce

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