My counsellor has married my ex

I am a divorced man based in Lindi. I was married to a very beautiful woman whom I loved deeply. However, our marriage was turbulent and filled with many arguments, which led us to seek professional marriage counselling. Unfortunately, counselling did not resolve our issues, and we ultimately decided to divorce. This decision weighed heavily on me because I had genuine love for her. Recently, I discovered that she has remarried, but what shocked me the most was that her new husband is our former marriage counsellor. I feel betrayed by this situation and am considering legal action against my counsellor. I would appreciate guidance on what the law on marriages says regarding this matter.
JM, Lindi

We are sorry to hear that your marriage did not turn out as expected and the fact that your wife then married the counsellor with whom you might have shared a good number of issues.

The Law of Marriage Act [Cap. 29 R.E 2019] (LMA) governs all matters related to marriages in Tanzania. According to Section 112(2), a marriage that has been dissolved does not prevent either party from entering into a new marriage. This means that after your divorce, both you and your ex-wife are free to marry other people. Based on what you have shared with us, we do not see any grounds for pursuing legal action against the counsellor. If your spouse had begun seeing the counsellor while you were still married, you would have had the right to sue that person for damages due to adultery. However, since you are now divorced, this right no longer exists and in any case we are not sure if she was seeing the counsellor or someone else.

We understand the shock and betrayal you must be feeling, but it is important to remember that both your counsellor and your ex-wife are free to marry since section 9 of the LMA states that marriage is a voluntary union between a man and a woman, intended to last for their joint lives. It may be worthwhile to consult a professional to help you navigate these difficult times.

Having said the above, your lawyer can guide you on actions for breach of contract against your counsellor, particularly if you had a contract prohibiting relationships during the therapy period, or on reporting ethical violations based on the circumstances. We wish you all the best as you move into the next chapter of your life.

Property in mother in law’s name

I am married to a wealthy businessman, but he keeps all his property under his mother’s name. I don’t have any issues with this arrangement since I own property myself. However, I am concerned that this might not be a good idea, especially if our marriage does not work out and we get a divorce. My friends are telling me I will get nothing from this man in case he divorces me, but I cannot  trust their word since they are not lawyers. I do not want a divorce, but in case it happens, will I receive a fair share of my contributions to the marriage if the property is held under my mother-in-law’s name? I have a decent relationship with my mother in law but you know how mother in laws can suddenly change! Please guide me.
DS, Kilimanjaro

This sounds like the case of Achraf Hakimi, a famous Moroccan international footballer!

The division of matrimonial assets after a divorce, property rights and status in marriage are governed by the Law of Marriage Act [Cap. 29 R.E. 2019]. Section 58 of the law allows for the holding of separate property between a husband and wife, and marriage does not alter this separate ownership. Section 59 grants special status to the matrimonial home, which is defined as the residence where the husband and wife typically live together. Both spouses have equal rights to this home until the marriage is dissolved or until other specified circumstances occur as outlined in the law.

According to Section 114 of this law, when a decree of divorce is issued, any assets acquired through the joint efforts of both parties must be divided between them or sold, with the proceeds from the sale distributed according to the Court’s order. It is important to note that contributions to matrimonial assets do not have to be monetary; the Court may also consider other forms of contribution. If a property is held in a name other than the spouse’s, it is generally assumed that the property belongs to that individual and not the spouse. In such cases, the spouse may be able to avoid the division of assets in the event of a divorce. This situation presents a legal loophole that can be exploited to the detriment of the other party and you may want to correct it now before it is too late. We wish you all the best with your husband and mother in law. Your lawyer can guide you further.

Receiving legal aid

I am a poor farmer based in Songwe and own several hectares of land, but most of the produce is used for subsistence, and the rest is usually traded for basic household items. I now have a legal dispute with one of my neighbours over the land and wanted to engage an advocate to assist me, but the legal costs are very expensive. Can I get legal aid for this matter of mine?
SK, Songwe

Matters related to legal aid in Tanzania are governed by the Legal Aid Act [Cap. 21 R.E 2019]. Section 22 of the Act provides that an application for legal aid may be made by either an indigent person; any other person authorised by the indigent person or any person/ institution on behalf of the indigent. Section 3 of the Act defines an indigent person as a person whose means are insufficient to enable him to engage a private legal practitioner and includes other categories of persons where the interests of justice so require.  A person who fits this definition may, according to section 21(1) of the Act, approach any legal aid provider and apply for legal aid services. Upon receipt of the application, the legal aid provider may proceed to process the case. The application will be assessed based on the legal aid provider’s procedures. Since we do not have all the facts of your situation our advice is limited. Your lawyer or a potential legal aid provider may guide you further.