A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirements for the Award of Degree of Bachelor of Laws (LL.B) of Mzumbe University
The researched aimed to examine the division of matrimonial assets in Tanzania an specifically section 114 of the law of marriage Act in relation to fair division of matrimonial assets, the research study, focused on the examination of the law and practice towards fair distribution of matrimonial assets. The researcher wished to assess as to whether what is provided under the law is what courts do practice, but also examined on whether courts can develop a uniform approach in assessing the value of general form of contribution made by each part to the acquisition of matrimonial assets. What the researcher can say in this research is that division of matrimonial assets existed even before colonial period through customary laws but at that time there was no fair distribution of matrimonial assets since women were not allowed to own property. During colonial period division of matrimonial assets was there but still was not in equality form. After the Law of Marriage Act, division of matrimonial assets was there but law considered amount of contribution of parties and customs of the parties which directly it shows that also there is no fair distribution since some customs discriminate women. Therefore the researcher recommended that on the measures to be undertaken to address the findings on the hypothesis that over-reliance fairness of division of matrimonial assets in Tanzania and access of it through the proper administration of justice, further it examines and discusses the study findings in relation to the hypothesis that “over-reliance on the principle of fair division of matrimonial asset and access of it through the law governing the marriage in Tanzania in order to have the proper administration of justice and proper development of the law in Tanzania.