COLUMNS: The law exists, but many families still suffer

DAR ES SALAAM: OUR society is facing major challenges concerning marriage.

Many of us have witnessed families breaking apart, children left without support and spouses seen as having no rights after years of living together.

But do we realise that the law has already provided guidance on all these issues?

Do we know that marriage, divorce, division of property and child custody are not just words we hear in the streets but matters clearly set out in the Law of Marriage Act Cap 29 Revised Edition 2023?

One of the greatest challenges we face today is that many young people start family life without a formal marriage.

It is a common situation in our communities where two people agree to live together saying “we will marry later when we are more stable.”

But time passes and suddenly they find themselves having lived as husband and wife without a valid marriage. The law has addressed this.

Section 160 provides that if a man and a woman live together for two years or more as husband and wife the court may interpret that union as a presumed marriage.

The aim is to protect both parties, whether man or woman, so that after living together for a long time, neither is left without rights.

The truth is, often women end up being abandoned with demeaning words like “you are not my wife,” but there are also men who have invested their energy, wealth or even dignity in such a relationship, only to be scorned with “you are not my husband.”

Therefore, our society must recognise that even cohabitation creates legal obligations after a certain period. Even for those who marry formally no one enters marriage expecting it to collapse.

That is why the pain is greater when it fails. Section 107 of the law makes it clear that divorce is granted only when it is proved that the marriage has irretrievably broken down.

It is not for temporary anger or a single-day quarrel but for a permanent condition that cannot be repaired such as adultery, cruelty whether physical or mental, desertion for more than three years or failure to fulfil marital obligations.

Our society must understand that divorce is not a joke it is a serious step that comes only after all attempts at reconciliation fail.

And once a marriage breaks down the biggest challenge that follows is division of property.

This is where many tears are shed. We have seen women dedicate all their years building the family by farming, running small businesses, raising children and supporting their husbands only to be told in court that they have no right because the property is registered in the husband’s name.

ALSO READ: Family planning still vital in society

Section 114 of the law sets out that property acquired during marriage must be divided considering the contribution of each spouse.

This contribution is not measured by money alone but also by domestic work, child care and the general welfare of the family.

The challenge, however, is that such contributions within the home often lack documentary proof, making it appear as though one party invested nothing.

This is why legal education is crucial so that everyone knows their rights in advance and can protect themselves. Beyond property the biggest question that remains is: Where do the children go?

The law is clear that child custody and care are lifelong responsibilities whether or not the parents separate.

Both parents have the duty to provide for the child’s needs including food, clothing, education, shelter and health.

Yet we often witness one parent carrying the whole burden while the other withdraws with baseless excuses.

This has forced many children to suffer in the streets without school fees, food or basic services even when one parent has the means.

The law is explicit in Section 129 that if one parent fails to fulfil their duty the other has the right to file a case in court and claim maintenance.

Not only that the court can enforce the order by actions such as deducting the irresponsible parent’s salary or seizing their property.

This is because child support is not a voluntary favour it is a right of the child and no parent can escape it.

Our society must understand this deeply. Unfortunately, we still see wives left with nothing after divorce, husbands losing all their property, and children abandoned as though they have no parent.

Some people say “the law does not force me” but the truth is that the law is clear and it protects families.

Our problem is ignorance or disregard of legal knowledge which makes us suffer later.

This is the reason I started Jua Leo, Jilinde Kesho on Instagram to provide legal education to the community.

Let us not live in darkness let us not wait to cry in court over pains we could have avoided had we known the law early.

The writer is a Law Student, University of Dar es Salaam School of Law and a creator of Jua leo, Jilinde Kesho Instagram platform educating the public about the law.