Yes to divorce, wife to get nothing

I have a wife, and we’ve had three children together—all boys. For about four years now, my wife and I have not been getting along well. She has changed a lot—she has become excessively alcoholic and is having children outside of our marriage. I even went to the parish priest to try to help her change, but it didn’t work. Now, I want to divorce her. We currently own two houses and two plots of land that we acquired during our marriage. However, one of the houses was already built (only the roofing remained) when she married me. I would like to understand what the law says about the division of property when a couple divorces. Also, if I transfer all the properties to our children’s names before I begin the divorce process, will it be possible for her not to claim any of them and for everything to remain under the children’s names?
JM, Dodoma

Matters of divorce are governed by the Law of Marriage Act, Cap. 29 [R.E. 2019] (LMA). Under the LMA, property acquired during the marriage is subject to equitable distribution upon divorce. Courts consider factors such as each spouse’s contributions (financial or non-financial), the welfare of children, and the circumstances leading to the divorce when determining how assets are divided. Since the properties you mentioned were acquired during the marriage, they are legally deemed matrimonial assets. However, the house that was partially built before the marriage may be treated differently, depending on whether your wife contributed to its completion. The Court will assess each spouse’s contributions before making its decision. Beware that even if your wife did not contribute financially, non-financial contributions (such as managing the household or raising children) will be considered. Courts aim for a fair distribution, meaning she may still be entitled to a portion of the assets regardless.

Transferring assets to your children before divorce may not prevent your wife from claiming the assets. Courts can invalidate transfers made with the intent to deny a spouse their rightful share. If the transfer is deemed fraudulent or intended to defeat matrimonial property claims, the Court will likely reverse it. Consult your lawyer for further guidance.

Falsified bank account information

We are an international agency operating in several countries, including Tanzania. In our activities in Tanzania, we have encountered instances where some individuals submit falsified bank account details to the embassies of foreign countries in order to obtain visas. Since the submission of such falsified or fabricated documents may involve collusion with bank staff, we believe that an investigation and the initiation of appropriate legal action are necessary. We wanted to pursue this route, but the embassies have declined to cooperate. Please advise us on how to proceed in obtaining the details of the submitters of these falsified or fabricated documents when the embassy is unwilling to share the information. Can we file a police complaint in Tanzania to obtain information from the concerned embassy?
LK, US

You have not specified the nature of your business so that we can provide the appropriate mechanism for resolving this matter. Nonetheless, under Tanzanian law, submitting falsified bank account details to embassies for visa applications constitutes a criminal offence. The Penal Code, Cap. 16 [R.E. 2022] (Penal Code) criminalises acts of forgery and false pretence, which fit with what you have described. Section 301 of the Penal Code provides that any representation made by words, writing, or conduct of a matter of fact or of intention, which representation is a false act and the person making it knows it to be false or does not believe it to be true, is false pretence. On the other hand, section 333 of the Penal Code provides that forgery is the making of a false document with the intent to defraud or to deceive. You can report the matter to the Tanzania Police Force, providing any available evidence of a criminal offence, though we are unsure what your connection is to those who are potentially the wrongdoers.

Further, since bank staff are involved, this could be reported to the bank for disciplinary action. According to regulation 35 of the Bank of Tanzania (Financial Consumer Protection) Regulations, 2019, every financial service provider shall take disciplinary action against employees involved in fraud, misappropriation and misuse of consumers’ assets and report to the Bank of Tanzania. As for the Embassy, diplomatic channels can be used to obtain information from the Embassy. However, be aware that some of this information may be withheld from third parties like you due to restrictions concerning privacy rights and personal data protection in Tanzania and the countries concerned. Your lawyer can guide you further.

Workplace accidents

My brother-in-law worked for an agricultural company in Arusha and was killed in an accident with some farm equipment, leaving a dependent 15-year-old son in the country and a 20-year-old daughter in South Africa. We are trying to work out what our options are in relation to his death in an industrial accident. Please guide me.
AW, Arusha

We are deeply sorry for your loss. Under Tanzanian law, workplace accidents are governed by the Workers’ Compensation Act, Cap. 263 [R.E. 2015] (WCA). Section 19 of the WCA states that if an employee has an accident resulting in the employee’s disability or death, the employee or the dependents of the employee shall, subject to the provisions of the WCA, be entitled to the compensation specified under the Act. A ‘dependent of an employee’ refers to individuals who were wholly or partly financially dependent on the employee at the time of the employee’s death which includes children of the employee or the employee’s spouse, whether under or over the age of 18 years. A claim for compensation must be submitted by or on behalf of the claimant in a prescribed form to the Director-General of the Workers’ Compensation Fund within 12 months after the date of the date of death. Your lawyer can further assist you.