Divorce before expiration of two years of marriage
It is one year now since I contracted my marriage but feel I need to petition the Court for divorce because I suspect my husband has an adulterous association with other women. There are people telling me that the law does not allow divorce before expiry 2 years from the date of contracting the marriage. Is this assertion legally valid?
FM, Morogoro
A petition for divorce within 2 years of marriage is allowed. However, before lodging such a petition, the spouse who seeks to dissolve his or her marriage that has subsisted for less than 2 years has to obtain leave of the Court first in terms of section 100(1) of the Law of Marriage Act [Cap.29 R.E 2019]. After the grant of leave is granted is when a petition to dissolve such young marriage can be lodged. A spouse applying for leave to lodge a petition for dissolution of a less than 2 years old marriage must prove that he or she is suffering exceptional hardship in the marriage that makes the continued relationship intolerable. Promiscuity is mentioned in section 107(2) of the Law of Marriage Act as a ground for divorce but when it comes to grant of leave to petition for divorce of a marriage that has subsisted for less than 2 years, section 100(2) of the same Act recognises only one ground which is exceptional hardship in the marriage.
So promiscuity of the husband is a good ground for divorce if the marriage has lasted for more than 2 years but not an automatic ground for grant of leave to petition for dissolution of a marriage that has lasted for less than 2 years. In order for you to get leave, you need to prove how the promiscuity of your husband is causing you exceptional hardship in the marriage before you can proceed. Your lawyers can guide you further.