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.

Changing name via deed poll

I am a final year student at one of the universities in Tanzania. For a long time, I have been using a name that I do not like for no particular reason. I just need to change my name. One of my colleagues, who is studying for a bachelor’s in law, advised me to adopt what he calls a deed poll. Now, after I adopt the new name, I need it to appear on my bachelor’s certificate. What procedures can I follow to fulfill this wish?
KN, Dar es Salaam

A deed poll is a legal document that allows you to officially change your name. Changing your name through a deed poll is a legally recognised process in Tanzania. You will need to consult an advocate to draft a deed poll stating your intention to abandon your old name and adopt a new one. The deed poll must be signed and attested before a Commissioner for Oaths. Once signed, you must register the deed poll with the Registrar of Documents at the Ministry of Lands as per the Registration of Documents Act, Cap. 117.

After legally changing your name, you must notify your university about the change. We have found that universities in Tanzania typically require a certified copy of your deed poll and a formal request letter explaining the name change. Check with your institution’s registrar’s office for guidance. A change of name affects other aspects of your life apart from education, so inform relevant institutions (e.g., your banker) about your name change. Your lawyer can guide you further.

Inheritance rights

I am married  with two children and own 51% of the plot we live on, while my husband owns 49%. I purchased the plot before our marriage, but we built our home together. After discovering my husband’s affair, I began buying properties in my name whenever I could save money. My husband established a company and granted me 50% of the shares. Following his advice, I made a will allocating my properties to my children. He has not prepared a will. He claims that his 50% share of the company allocated to me serves as his will. Can children born out of wed lock claim a share of my property based on their status as marital assets? Is my will sufficient to cover my children? Please guide.
FS, Mwanza

Your situation raises important legal questions regarding inheritance, marital assets, and the rights of children born out of wedlock under Tanzanian law. Under Tanzanian law, children born out of wedlock can inherit from their biological parent even when not explicitly included in a will. Your will is legally binding as long as it meets the requirements of Tanzanian succession laws. Since you have allocated your properties to your children, they should be protected from claims by others. However, if any of the properties are considered joint marital assets, they may be subject to division upon your husband’s passing or in case of divorce. Your husband claims that his 50% company share allocated to you serves as his will, but this may not be legally sufficient unless documented in a formal will. If he passes away without a will, his estate, including his company shares, may be distributed according to intestate succession laws, which could include claims from children born out of wedlock. To prevent family disputes, advise your husband to draft a formal will specifying how his assets, including the company shares, should be distributed. Your lawyer can guide you further.