Spouse prefers to live apart due to work schedule

I love my wife, but our work schedules are completely opposite. She works night shifts while I work during the day, and it has become very difficult for us to live peacefully in the same home. I was told that under Tanzanian law, married couples can agree to live apart without divorcing. Is this true?

BN, Dodoma

Yes, Tanzanian law allows spouses to live apart while remaining married. Section 67 of the Law of Marriage Act [Cap. 29 R.E. 2023] provides that a married couple may, by written agreement signed by both parties, agree to live apart. Such an agreement can also include provisions on maintenance, matrimonial property, and custody of children. Once signed, the agreement is valid and enforceable by the Courts. However, the law also empowers the Court to vary or set aside the agreement if circumstances materially change or if the arrangements are not in the best interests of the children. This ensures that the welfare of the family is protected even when spouses choose to live separately.

You should consult your lawyer to draft the agreement properly and ensure that both parties’ rights and obligations are safeguarded under the Act.