Division of Matrimonial Assets after Divorce

A Feminist Theoretical Standpoint vis a vis Tanzanian Law

Abstract

Division of matrimonial property upon divorce is very important aspect in matrimonial disputes. However, in Tanzania the division is somehow blurred. It is more of courts discretion rather than a clear yardstick on how the division should be. The foregoing is as a result of the courts being masterminded by discretion rather than a clear yardstick for division. Henceforth the phenomenon of division has remained somehow a “dubious” undertaking. It is against the above background that the article considers the extent to which the Law of Marriage Act Cap: 29 RE: 2002 and the Tanzania case laws appreciate ownership and distribution of matrimonial property acquired by spouses during the subsistence of marriage. In so doing, the article considers whether courts in matrimonial cases consider domestic chores (work) as a contribution of value in distributing matrimonial property. The article underscores that whilst domestic work was recognized in a 1983 landmark decision as one among the basis for contribution in acquisition of the matrimonial home, there is lacuna on its implementation which is associated with the use of discretionary power by the courts. The discretion is in relation to determining percentages or value that attach to domestic work. The authors therefore examine this lacuna on the use of discretionary power from a gender perspective. The article argues that the discretion hinders fair and reasonable distribution of property. The authors offer recommendations on how best the courts may adjudicate cases by incorporating gender issues.