Monica Denis Mushy
Advocate head of Corporate and conveyance department
Address: Plot No. 137/9, Kijenge Area, Nelson Mandela Road.
+255 765 530 550
Office Hours: 08.00 am - 17.00 pm.
[email protected]
Family Law
Family Law Issues:
- Adoptions
- Child Custody and Visitation
- Spousal Support
- Divorce & Seperations
- Guardianship
- Child Support & Paternity
About Family Law
family laws, conveyancing law, property law, and child inheritance in Arusha, Tanzania, based on the legal framework in Tanzania as of my last update. Note that laws may evolve, and local practices in Arusha may involve customary or religious influences, so consulting a local legal expert is advisable for specific cases.
Know Your Rights
1. Family Laws in Arusha, Tanzania
Family law in Tanzania, including Arusha, governs marriage, divorce, child custody, maintenance, and related matters. The primary legislation is the Law of Marriage Act (LMA) of 1971, amended in 2019, which unifies customary, Islamic, and statutory laws to some extent. Key points include:
Marriage:
Legal marriage requires registration with authorities, and the minimum age is 18 (with exceptions for parental consent or court approval for those aged 15–17 under specific circumstances).
Family law in Tanzania, including Arusha, governs marriage, divorce, child custody, maintenance, and related matters. The primary legislation is the Law of Marriage Act (LMA) of 1971, amended in 2019, which unifies customary, Islamic, and statutory laws to some extent. Key points include:
Marriage:
Legal marriage requires registration with authorities, and the minimum age is 18 (with exceptions for parental consent or court approval for those aged 15–17 under specific circumstances).
Recognized forms include monogamous (Christian/statutory), polygamous (Islamic/customary), and customary marriages.
Prenuptial agreements are legally recognized to protect assets in case of divorce.
Divorce:
Divorce is granted if the marriage has irretrievably broken down, per Section 107 of the LMA.
Grounds are not based on fault (unlike older laws in Kenya/Uganda). Procedures vary by marriage type:
Islamic divorce: Includes talak (husband’s pronouncement), mubaraat (mutual agreement), khula (wife-initiated with payment), or ila (husband’s oath of abstinence).
Customary divorce: Follows community practices but must align with LMA.
Courts consider dignity, decency, and harmony in resolving disputes, especially for children.
Child Custody:
Determined based on the best interests of the child, considering age, well-being, and parental capacity.
A rebuttable presumption favors mothers for children under 7, though this may extend to 14 per Law Reform Commission recommendations.
Courts may deem neither parent suitable in exceptional cases, appointing a guardian.
Maintenance:
Courts can order spousal or child support, enforceable through legal means.
Property division considers joint efforts during marriage, but controversy exists over whether unpaid domestic work (e.g., by women) counts as a contribution. Liberal courts recognize domestic services, while conservative ones may not.
Gender Issues:
Statutory laws aim to protect women and children, but customary practices often discriminate, denying women custody or property rights upon marital breakdown.
Organizations like Inherit Your Rights in Arusha provide legal aid and education to women on family law matters.
Due to the emotionally -charged nature of moost it family law cases, litigants are strongly advised it to retain legal counsel casees usually involve parties who are relateed by it blood or marriagee It may not be terribly romantic, but itIromantic and the marriage.
Direct Way Of Justice
The phrase “Direct Way of Justice” isn’t a formally recognized term in Tanzania’s legal system based on available information, but it can be interpreted as seeking accessible, efficient, and fair justice delivery. Tanzania’s judiciary operates under ...
Corporate Lawsuits
Recent corporate lawsuits in Tanzania primarily involve disputes in the mining and energy sectors, often centered on breaches of contract, human rights violations, and environmental concerns. Here are key examples based on available information: Patrice Motsepe ...
Protecting Your Business
To protect your business in Tanzania, consider these key legal and practical steps based on recent developments and regulations: Register Your Business Properly: Register with the Business Registration and Licensing Agency (BRELA) to obtain legal status. ...
Fight For Justice
The fight for justice regarding property and inheritance rights in Tanzania centers on addressing discriminatory laws and practices, particularly against women and girls, that perpetuate inequality and poverty. Below is an overview of the key issues, ...
Family Law International
- 2. Conveyancing Law in Arusha, Tanzania
- Conveyancing involves the legal transfer of property ownership. In Arusha, firms like LawBay Advocates, Hakika Law Partners, and B&E Ako Law specialize in conveyancing. Key aspects include:
Process:
- Steps: Decide on transfer type (sale/gift), obtain property valuation, prepare legal documents (with a solicitor), and register with the Land Registry.
Timeline: Transfers take 4–12 weeks due to searches, contract exchanges, and registration.
Solicitor’s Role: Advises on tax implications (e.g., stamp duty, capital gains tax) and completes Land Registry forms.
Tax Implications:
- Stamp Duty Land Tax (SDLT): Applies if equity/mortgage exceeds thresholds (e.g., £250,000 in some jurisdictions, though Tanzanian thresholds differ).
Capital Gains Tax (CGT): May apply if the property’s value increases upon transfer, especially for non-primary residences. No specific Tanzanian CGT rate is noted, but legal advice is recommended.
Inheritance Tax: Tanzania does not levy inheritance or gift tax, simplifying family transfers.
Transfer of Equity:
- Allows partial ownership transfer (e.g., to a child) while the original owner remains on the title. Requires solicitor assistance and mortgage lender approval if applicable.
Ownership can be joint tenants (equal rights, automatic transfer to co-owner upon death) or tenants in common (defined shares, inheritable by others).
Local Expertise:
- Arusha-based firms like Hakika Law Partners handle land transactions with a focus on Tanzanian legal intricacies, ensuring compliance with local regulations.
Family Law Organizations
- 4. Child Inheritance in Arusha, Tanzania
- Inheritance laws determine how a deceased person’s estate is distributed to children and other heirs. Tanzania’s framework includes statutory, customary, and Islamic laws, with significant gender disparities. Key points:
- Applicable Laws:
- Probate and Administration of Estates Act (Cap 352): Applies to foreigners and statutory succession, based on the property’s location (lex situs).
Local Customary Law (Declaration) Order of 1963: Governs many rural communities, often favoring male heirs.
Islamic Law Restatement Act (Cap 375): Applies to Muslims, with fixed shares (e.g., daughters inherit half as much as sons).
Magistrate Court Act (Cap 11): Guides estate administration.
Child Inheritance:
- Statutory Law: No compulsory heirs or reserved portions exist, so distribution depends on a will or court discretion in intestate cases. Courts aim to benefit all heirs but may prioritize clan members over spouses/children.
Customary Law: Children inherit from their father’s lineage in patrilineal societies (80% of Tanzania) or mother’s in matrilineal ones (20%, e.g., Makonde, Zaramo). Daughters often receive smaller or restricted shares.
Islamic Law: Children inherit fixed shares (e.g., sons receive twice as much as daughters). Illegitimate children may face barriers to inheritance.
Minors:
- For children under 18, a will must specify an administrator (e.g., guardian or trustee) to manage their inheritance until majority. Courts may appoint the Administrator General if the executor is unfit.
Property grabbing by relatives often deprives children of their inheritance, especially in HIV/AIDS-affected families.
Wills:
- A local will is advisable, registered under the Registration of Documents Act (Cap 117), to ensure the deceased’s wishes are followed. Without a will, intestate succession may delay distribution and favor customary/Islamic law.
Foreigners with Tanzanian property should make a local will to minimize disputes.
Gender Discrimination:
- Customary Law: Denies widows inheritance, expecting children to care for them. Daughters inherit minimal shares, often losing out to male relatives.
Islamic Law: Women inherit half as much as men, exacerbating economic dependence.
These laws violate women’s rights to equality and property, per international standards (e.g., Maputo Protocol).
Reform Efforts:
- The Law Reform Commission proposes harmonizing succession laws, eliminating illegitimacy categories, and ensuring gender equality, but progress is slow.
A proposed Succession Act (2002) aimed to protect widows and daughters but remains unadopted.
Practical Challenges:
- Widows and children face eviction, property grabbing, and social stigma when asserting rights, especially in rural Arusha.
Legal aid is scarce, and court access is limited by cost, fear, or lack of documentation (e.g., death certificates).
Meet Family Attorneys
Hellen Mahuna
Managing Partner
Moses Mahuna
Founder, Head of Litigation department
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