Prenuptial agreement

I am a single, older man seeking a woman to marry. I spent most of my youth building wealth, which has now made me a millionaire.  Having accomplished a great deal in my life, I have decided to get married, despite being somewhat older. My concern is that if I succeed in finding a wife, I am informed she may be entitled to my wealth.  In the event of a divorce, my fear is she would diminish my wealth. In my business travels to the United States, I have heard people discuss pre-nuptial agreements (prenups) as a mechanism for preserving wealth in marriage. However, I have not encountered this arrangement in Tanzania. Does the law allow for the signing of prenuptial agreements? Please guide me.
LK, Dodoma

A prenuptial agreement, also known as an antenuptial agreement or premarital agreement, is a contract entered into before marriage between two individuals who intend to marry. The contents of a prenuptial agreement can vary widely. They commonly include provisions for the division of property and spousal support in the event of divorce or the breakdown of the marriage. The agreement may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery, and further conditions of guardianship may be included as well. It is not uncommon for wealthy individuals to enter into this agreement, which often includes provisions regarding assets owned prior to marriage. In such cases, these assets would remain, in the event of divorce, with the party who owned them before the marriage. That provides for an ‘asset safety zone’ for the party that could end up paying billions in divorce settlement claims over property.

In some countries, especially in the United States, people prefer these contracts as they are regarded as ultimate tests of love, the only way of knowing that one is truly wanted and not just for their wealth. In Tanzania, the Law of Marriage Act, Cap. 29 [R.E 2019] is silent on this issue, understandably so since it is quite a recent phenomenon. The Courts have also not been called upon to test this, and hence, our answer is based on our reading of the subject, in addition to the general legal framework in Tanzania. However this does not mean that prenups are prohibited in Tanzania. The legality of a prenuptial agreement in Tanzania will likely depend on how it is drafted. If it undermines morality or contravenes public policy, the agreement will likely be deemed void, but we believe not otherwise.

Hence there is no harm in drafting this kind of agreement, and we highly recommend that you do so for your peace of mind. You may also consider postnuptial agreements, which are similar to prenuptial agreements, except that they are entered into after a couple is married. Of course, the bargaining power after marriage is obviously much limited, and we do not recommend waiting until after marriage to sign any such agreement. Your lawyer can advise you further.