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This research report based on critical analysis on division of matrimonial assets upon divorce in Tanzania: which is granted by the courts of law However, this research was guided by general objective, which is to access the rights of division of matrimonial assets upon divorce in Tanzania while specific objectives of this report were to access the legal position of women under the Tanzanian Law of Marriage Act. To access the discretion of the magistrate and judge upon division of matrimonial property to the house wife contribution. To access the rights of the others wives due to the family assets contribute together upon division of matrimonial assets.
The researcher applied both primary and secondary data, the research used questionnaires and interviews to the respondents, the purpose of using questionnaires is because it gives the respondents enough time to pass through questions and provide reliable information basing on the matter in hand. The researcher found that, the issue of access to justice on division of matrimonial assets upon divorce in Tanzania is faced with many problems such as cumbersome procedures and Technicalities, disability factor, awareness to enforce their rights as well as ignorant.
From the above findings it revealed that, there is lacuna in the Law of Marriage Act, of 1971 because it lacks clear provision (s) which facilitate an equal distribution of matrimonial property contributed by others wives under polygamous marriage. Also, the LMA lack clearly provision which facilitate an equal distribution due to non-monetary contribution. Therefore, the researcher came up with the conclusion and recommendations that, the provision of section 114 of the Law of Marriage Act will supposed to be amended. |
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