Wife or concubine?

I have lived with my partner for three years. We have a child together and built a house. We are not officially married, but everyone in the community and our friends consider me his wife. Recently, my partner has become distant and has avoided intimacy with me, claiming it is due to work stress. Last week, he moved out of the house without telling me. I spent time searching for him, only to discover that he had been married to another woman in a church wedding five years prior. This woman, who was studying abroad, has now returned to Tanzania to live with her husband (my partner). I am concerned that this marriage might affect my status, although I have heard there is something called the presumption of marriage. Please advise me.
AK, Mwanza

The Law of Marriage Act [Cap 29 R.E. 2023] (LMA) covers your questions. Under section 160(1) of the LMA, presumption of marriage is recognised as a legal assumption that a union exists between a man and woman who have cohabited as husband and wife for at least 2 years, even without a formal marriage. This assumption can confer legal rights similar to those of a legally married spouse, including maintenance, custody, and a share of jointly acquired property.

To obtain this legal protection, one must apply to the court under section 160(2) for a declaration that a presumed marriage existed. The fact that the couple has a child together, shared a home, and was seen by the community as husband and wife strengthens the claim.

However, the presumption can be challenged if it is proven that one of the parties was already legally married to someone else during the cohabitation period. Courts of law have, in several decisions, clarified that the presumption of marriage cannot be invoked to defeat a legally recognised monogamous marriage. Therefore, when the Court is satisfied that the parties could not enter into marriage, the presumption of marriage cannot stand in their favour. Section 15(1) of the LMA makes it clear that no person, while married in a monogamous marriage, shall contract another marriage. A Christian marriage is considered a monogamous marriage, and hence, the man you cohabited with could not marry (unless he renounced his faith or divorced his wife). Consequently, the presumption of marriage cannot be invoked in your favour. Consult your lawyer on other remedies available for your situation.