Divorcing same partner twice

There is a woman who had a customary marriage and two children, but for certain reasons, her husband cheated on her. She decided to file for divorce, and in 2007, the Court granted her a divorce. However, in 2012, the couple started their life together again and had two more children. In 2023, the woman went to Court to seek a divorce, without disclosing that there was an existing judgment from 2007. The case was decided ex parte because the respondent did not appear before the Court, and ultimately, the ex parte judgment was granted regarding her requests. She proceeded to execute the judgment, but the respondent objected, claiming that she was not his wife due to the existing 2007 judgment. What is the position of the law regarding this matter? Please clarify.
HJ, Tanga

This is a complex legal matter, and the woman may need professional legal assistance to navigate it effectively. In Tanzania, divorce and matrimonial property division are governed by the Law of Marriage Act, 29 [R.E 2019]. Since the Court granted a divorce in 2007, the legal status of the couple’s relationship after 2012 becomes crucial in determining her rights. We are unsure if you provided all the facts, so our answer is limited to what you have disclosed. The law is clear under section 112 that a decree of divorce shall dissolve the marital status of the parties and shall not prevent either party from contracting a subsequent marriage. If the couple resumed their life together in 2012, it is essential to establish whether they entered into a new customary marriage or any other form of marriage (civil or religious marriage) or if they were merely cohabiting, which means the 2007 divorce will prevail. However, if they remarried, then the woman had the right to seek a divorce once again.

Regarding an ‘ex parte judgment,’ this means the case was decided without the respondent’s presence. The Court may reconsider the judgment if the respondent successfully argues that the previous divorce ruling from 2007 invalidates the new claims. If the woman can prove that she was in a legally recognised marriage after 2012, she may still have a claim to matrimonial property and maintenance, even if the ex parte judgment was overturned and the petition for divorce is reheard inter parte (in the presence of both parties). Given the complexity of this case, consulting a lawyer is advised for further guidance.