THE LAW OF MARIAGE ACT ,NO 5/1971 (R.E 2002)

THE LAW OF MARIAGE ACT ,NO 5/1971 (R.E 2002)
OVERVIEW OF LMA

CONT… This is an Act of parliament of 1971.
The enactment of the Law of Marriage Act (LMA) provides women with some basic civil rights in marriage and divorce.

PURPOSE OF LMA LMA was enacted to regulate matters relating to :
Marriage Personal and property rights as between husband and wife Separation Divorce matrimonial reliefs

CONT… The Act is principally divided into eight (8) substantive parts which include: PART I Preliminary Provisions PART II Marriage PART III Registration of marriages, annulments and divorces and evidence of marriage

CONT… PART IV Property, Rights, Liabilities and Status PART V
Miscellaneous Rights of Action PART VI Matrimonial Proceedings

CONT… PART VII Offences PART VIII Miscellaneous Provisions

MEANING OF MARRIAGE According to Section (9) of the Law of Marriage Act ,No 5/1971 ,Marriage is the voluntary union of man and woman intended to last for their joint lives.

ELEMENTS OF MARRIAGE Marriage should be voluntary
Must be between man and woman Must intend for the rest of joint lives

KINDS OF MARRIAGE (S.10 (1)(a)-(b)
S.10 –LMA provides that ,marriages shall be of two kinds ,that is to say : Monogamous marriage /intended to be monogamous Polygamous /potentially polygamous

EVIDENCE OF MARRIAGE S.55(a)-(g)

EQUALITY BETWEEN WIVES(S.57)
Where a man has two or more wives they shall as such ,enjoy equal rights ,be subject to equal liabilities and have equal status in law.

CONVERSION OF MARRIAGES (S.11)
A marriage contracted in Tanzania may be converted from monogamous to polygamous.

DURATION OF MARRIAGE (S.12)
Marriage shall subsist until determined by : Death of either part By a decree declaring that death of either part thereto is presumed. By a decree of annulment By a decree of divorce By extra-judicial divorce

PRESUMPTION OF DEATH (S.161)
S.161 (1)If a person has not been heard of for five years by those who might be expected to have heard of him if he were alive, there shall be a rebuttable presumption that he is dead. S.161 (2)Where a presumption under subsection (1) arises ,the other party to the marriage shall not ,by virtue of presumption ,be entitled to contract another marriage unless such other party obtains a declaratory decree under S.94 and the provisions of S.95.

STATUS OF WIDOWS (S.68)

MARRIAGEABLEAND NON- MARRIAGEBALE AGE
Under Section 13(1)(e) of the LMA a marriage is null and void if either of the parties is not of marriageable age

MARRIAGE AS A CONTRACT Marriage is like contract concerning its formalities of obligation and duties. Marriage is an agreement between spouses which enter into legal relationship and by which create mutual rights and duties. Form and capacity Ceremony Certificate Competence in term

NOTICE OF INTENTION TO MARRY (S.18)
Where a man and a woman desire to marry ,they shall,atleast twenty –one days (21) before the day when the purpose to marry, give notice of their intention to a registrar or registration officer.

CONTENTS OF A NOTICE (S.18(2)(a)-(i)

PUBLICATION OF NOTICE OF INTENTION (S.19)

NOTICE OF OBJECTION (S.20 (1)-(3)
S .20 (1) Any person may give notice of objection to the registrar or registration office to whom the notice of intention was given. S.20(2) Any of his wives in polygamous marriage can give notice of objection to the registrar based on the following grounds: Having regard to the husband’s means, the taking of another wife is likely to result in hardship The intended wife is of notoriously bad character or is suffering from an infectious or other wise communicable disease.

MANNER OF CONTRACTING OF MARRIAGE (S. 25)
In civil form In religious form In customary form

TIME OF CONTRACTING MARRIAGE (S.26)
A least 21 days shall pass/elapse between the giving of intention to marry.

WITNESSES (S.27) S. 27(1) Every marriage shall be contracted in the presence of at least two witnesses. S.27 (2) No person shall be competent to act a witness to a marriage who is below the age of 18 years or who is unable to understand the nature of the ceremony by reason of mental illness ,intoxication or who does not understand the language in which the ceremony is conducted.

MARRIAGE TO BE PUBLIC (S.28)

PRESUMPTION OF MARRIAGE(S.160)
S.160 (1) states that, "where it is proved that a man and woman have lived together for two years or more ,in such circumstances as to have acquired the reputation of being husband and wife, there shall be a rebuttable presumption that they were dully married “.

PROCEDURE FOR MRRIAGE IN CIVIL FORM (S.29)

DIFFERENCES BETWEEN MARRIAGE AND CONTRACTS
Person under 18 years is allowed /eligible to marry (refer Section 13(1) of LMA) WHILE Under contract minor is not competent to contract . Marriage need special formalities to be carried with witnesses/evidence of marriage BUT Contract can be made orally by parties Marriage it may be void or voidable

CONT… In termination of marriage cannot be discharged by agreement, frustration or breach. Apart from death can be terminated by divorce. Contract may be terminated by agreement ,frustration, breach ,etc (refer to Section 12 LMA.

Agreement to Marry Marriage is an agreement to marry though not all marriage start from this step. Agreement (engagement) :-This is the promise that they would wish to contract a marriage in the near future.

Cont… An engagement is described as a contract between a man and a woman to marry each other on a specific or a determinable date. Hence one who is going to breach that promise under common law other party can sue for breach of that promise (contract). In Tanzania is the same to common law.

EXCEPTION TO GENERAL RULE
If parties when made a contract and one was below 18 years or female was below 18 years suit will not be brought. Section 13 of LMA-Girl Section 69 of LMA –Party below 18 years Damage to be paid should be actual loss not the specific performance

PROPERTIES OF ENGAGED COUPLES
It is the common practice for the engaged couples to share or own properties. But engagement does not constitute marriage Hence the parties will not be considered as matrimonial assets rather should be deemed to be property of each individual. When man buy property with his fiancée’s name, He presumed to intend to make a gift like husband who coverts his property into wife’s name.

Right to Return of Gifts (S.71)

RIGHTS OF A MARRIED WOMAN
S.56 –The right acquire, hold and dispose of property movable or immovable properties. S.66 -No person has any right to inflict corporal punishment of his/her spouse. S.63 –(a) it shall be the duty of every husband to maintain his wife or wives and to provide them with such accomodation,clothing and food. S.58- To own property S.59- Equality in ownership of property S.68-the right to live wherever she may please S.114-the right to division of matrimonial properties

VOID AND VOIDABLE MARRIAGE
What is void marriage? This is the one that has never existed. A void marriage is one that is regarded by the court as never having taken place and is void at its inception,therefore a decree is simply declaratory.

Cont… A void marriage does not need a court decree to bring it to an end because the marriage never existed.

cont… A voidable marriage is one that will be regarded by every court as valid until a decree annulling it has been pronounced by a court of competent jurisdiction. A voidable marriage is perfect valid unless and until is put to an end by either of the parties

Cont… Nullity (or annulment) is not the same as divorce.
Divorce is a declaration ending a valid marriage. Nullity is a declaration that a valid marriage never existed.

THE GROUNDS ON WHICH A MARRIAGE IS VOID (S.38)
Marriageable Age Should not be in Prohibited Degree of Consanguinity Existing Lawful Marriage

Cont… e. Lack of Real Consent
d. If the board conferred under section 22 has directed that the intended marriage is not to be contracted . e. Lack of Real Consent f. Unless both parties are present in person at the ceremony ; g. If both parties knowingly and willfully acquiesce in a person officiating thereat who is not lawfully entitled to do so;

Cont… h. Unless two competent witnesses are present thereat.
If the intended marriage is expressed to be of a temporary nature or for a limited period. j. If the wife was a widow or divorced woman prior to the marriage and her previous marriage having been contracted in Islamic form, she contracts the other marriage during the customary period of iddat

THE GROUNDS ON WHICH A MARRIAGE IS VOIDABLE (S.39)
Incapacity to Consummate Marriage :A marriage is voidable where either of the parties to it is incapable of consummating the marriage. One aspect of incapability is because of impotence. Impotency should be distinguished from sterility which is the incapacity to procreate . An impotent person is one who is incapable of having normal sexual relations.

Cont… A person may be capable of having normal sexual intercourse but nevertheless be sterile Consumation means sexual intercourse which is ordinary and complete. There must be both erection and penetration for a reasonable length.

CONT… Marriage is said to be consumated as soon parties made sexual intercourse after solemnization. If husband does not achieve full penetration it does not regard consumation in the eyes of the law.

Cont… No need of orgasm or not to conceive only full penetration is enough to constitute consumation

B.Wilful Refusal to Consummate
The willful refusal to the respondent to consummate made the marriage voidable. Wife will not guilt of willful refusal if the husband failed to seduce her to consummate the marriage.

C.Venerial Disease A marriage is voidable where at the time of its celebration either party was suffering from a venereal disease in a communicable way . If it cannot be shown that the party in question was suffering from the disease at the time of marriage, the disease will not constitute a ground for nullity. The party alleging the venereal disease may prove it in various ways including the calling for medical evidence.

Cont… But it is unclear whether AIDS it is the venereal disease on this purpose because can be transmitted by sexual intercourse or any other ways. But other venereal diseases which are transmitted through sexual mating when party get the marriage will be voidable

Case of Makoba .v.Marry Makoba
Petitioner filed petition for divorce to Primary Court without referring to matrimonial difficult to the marriage. During hearing revealed that she couldn’t resume marriage with him because he was HIV positive and produced a photocopy of sick sheet issued in a name of Mashon Makoba. Court order petitioner to leave apart until either of them petition for divorce or separation after referring matrimonial difficult (Refer Section 101 –LMA).

D.Pregnancy by Third Party
The law state-the marriage is voidable when woman is pregnated by another man than her husband. It gives remedy to husband to petition for nullity if at the same time of marriage his wife was pregnant by some one other than himself. S/N 39 (a)(iv)LMA

E.Lack of Parental Consent
The Law of marriage provides the minimum age where it is 18 years for male and 15 for women but women must give consent to the parent or guardian. Marriage with a girl of below 18 years is voidable if the consent to the parent or guardian not given. Hence court shall nullify and sufficient reason to set the marriage aside (s/n LMA and 13 LMA).

PARTS/BARS TO NULLITY DECREE(S.96)
Under certain circumstances the decree of nullity may not be granted . The LMA provides bars under which the petitioner may be prevented from seeking a decree . Bars operate to voidable marriages only because void marriages do not need the verdict to put it to an end.

Cont… Voidable marriages basically needs such an order to set it aside . Where the bar operates to deter the petitioner from being granted the decree, the marriage remains valid throughout the life time of parties unless terminated on other grounds such as divorce or death.

Cont… Lapse of time Knowledge of the defect
Approbation of the marriage

LAPSE OF TIME A decree of nullity may be refused if the proceedings were not instituted within one year from the date of marriage (96)(a)(i)

KNOWLEDGE OF DEFECT When party entered into a marriage contract should be fully informed that the other spouse has defect which would otherwise nullify it. And if he got knowledge and later want to nullify the court will stop him. The petitioner can plead ignorance according to the defect only if a reasonable man could have done so. But if court seen a reasonable man would ought to know it will prove failure

APPROBATION OF THE MARRIAGE
Approbation in matrimonial Causes implies that ,the court shall not grant a decree of nullity on the ground that a marriage is voidable if the respondent satisfies the court that: the petitioner, with the knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so; and that it would be unjust to the respondent to grant the decree.

Cont… Therefore, this prevents the grant of Decree to a petitioner who with knowledge of annulment of his marriage treat it as valid and subsist before seeking to annul it. When a petitioner ought to set aside the marriage but treat it as legitimate. In case he want to annul it Decree may be Denied

PROHIBITED RELATIONSHIPS(S.14)
Marriage within prohibited relationship of consanguinity (relative/same blood) e.g. marriage between parent and child ,brother and sister Male person cant marry his/her grandparent, parent,child or grand aunt, great uncle, aunt or uncle, niece or nephew (s/n 14(1) LMA). Person cat marry the relative of his /her former spouse e.g. sister in-law ,brother in law, mother in law,adopted child,etc

SUBSISTING MARRIAGE (S.15)
A marriage is void if it is proved that at a time of the ceremony one of the parties married to a third party. According to S.15 (1) of LMA,”No man ,while married by a monogamous marriage, shall contract another marriage “.

Case of RE:SPENCE Addie Elizabeth marriage with Fredrick William 1895.Latter marriage was not happily.Mrs Fredrick left her husband so up with Thomas .And had two son with him.1939 she went through ceremony with Mr Thomas Spence while Fredrick still alive. Court held ;The marriage is void from its beginning.

CONT… Marriage under subsisting will remain void even if the partner dies the day after the subsequent ceremony. Hence monogamous marriage it is incompetent to a person to marry during subsistence of the first .

CONT… Any person who wish to convert his marriage from polygamous to monogamous must dissolve the marriage contracted in polygamous form. It happens when one change the religion from Islam to Christian When parties want to convert from monogamous to polygamous marriage, it need to make declaration before the judge/magistrate Should receive voluntary blessings by both parties to marriage.

PARTIES TO THE SAME SEX S. 9 (1) LMA states that “marriage is the voluntary union between man and woman”. It clearly no doubt that valid marriage is of different sex. But it is void if it is of the same sex(Refer to S. 152 (1) LMA (2) Polyandry in Tanzania is prohibited. No woman who is still marriage while that marriage subsist can contract another marriage

REQUIREMENT OF CONSENT (S.17)
A female who has not attained the apparent age of eighteen (18) years shall be required, before marrying ,to obtain the consent – Of her father ; or If her father is dead, of her mother; or If both her father and mother are dead, of the person who is her guardian.

POWERS OF COURT TO ANNUL A VOIDABLE MARRIAGE (S.96)
S.96 provides that, “the court shall have power to grant a decree of annulment in respect of any marriage which is voidable under the provisions of section 39”.

Grounds for Annulment of Voidable Marriage
Insanity/Epilepsy and venerial disese in a communicable form Pregnant by third party

THE EFFECTS OF THE DECREE OF NULLITY(S.98)
A decree is always necessary to annul a voidable marriage . That means ,it makes that marriage absolutely null and void to all intents or purposes in the law whatsoever. The consequence of that decree is that before the decree, the parties were regarded as husband and wife both in law and in fact . But after the decree they are deemed in law never to have been married at all .

Cont… The children of a voidable marriage are legitimate because the marriage is normally treated as valid . Furthermore ,the children of a void marriage will be treated as legitimate provided that at the time of the intercourse, either of the parties believed that they were labouring under the valid union.

Cont… In this regard, it is immaterial whether their belief was caused by mistake or not . It is also possible for child to be born after a void marriage: Similarly, the child will receive the same treatment that means he will be treated as legitimate.

Cont… The rationale for treating children of the void marriage as legitimated may be founded on the need of protecting the rights of these blameless follow –on of the union. Also parties may be living under an illegal marriage without understanding that their union is not recognized under the law.

Cont… Therefore ,where parties themselves did not understand their illegality of their marriage there is no rationale why children should be treated illegitimate . Moreover ,this operates as an exception to the general rule that a child born out of the wedlock will be illegitimate .

Cont… The decree of annulment does not render anything done during the marriage unlawful, which was lawful, and vice versa. It does not as well relieve the husband from any debt incurred on behalf by his wife affect thirty days after it has been pronounced if no appeal or notice filled.

THE LEGAL EFFECTS OF MARRIAGE
Incidents of Marriage in relation to Contract Torts Criminal

CONTRACT The law recognizes the rights and liabilities of a married spouse. In respect of contract ,like any other person the spouse can enter into a contract with a stranger or with her own husband and the legal consequences follow rightly as to any other recognized contract .

TORT (S.65) No husband shall be liable for the tort committed by his wife by reason that only him being her husband. a husband and wife shall have the same liability in tort towards each other as if they were unmarried . Neither a husband nor a wife shall be entitled to claim damages ,in an action arising out of any negligent act or breach of duty ,in respect of the loss or imprisonment of consortium.

CRIMINAL The doctrine of unity has never applied in criminal law.
The husband cannot be vicariously liable for his wives' crimes . If the spouse commits a crime he/she shall be found guilty as an individual.

TERMINATION OF MARRIAGE
Death – (S.12 ) Presumption Of Death- (S.161 ) Divorce – (S.99)

DIVORCE (S.101) Any marriage person may petition for divorce on the ground that the marriage has broken down but the decree for divorce is granted on the proof that marriage has broken down.

RESTRICTIONSON PETITION FOR DIVORCE DURING FIRST TWO YEARS OF MARRIAGE (S.100)
S.100(1)states that, ‘No person shall, without the prior leave of the court petition for divorce before the expiry of two years from the date of the marriage which it sought to dissolve.

REQUIREMENT OF PRIOR REFERENCE TO BOARD (S.101)
No person shall petition for divorce unless he/she has first referred the matrimonial dispute to a Board and the Board has certified that it has failed to reconcile the parties.

CONT… EXCEPTION TO THE GENERAL RULE there is no need for certificate of marriage reconcile board if the following circumstances happen: Where the petitioner alleges that the respondent is suffering from mental disease Where respondent is imprisoned for life Where respondent refuse to attend before the board for reconciliation Where respondent reside outside of Tanzania A divorce is granted when the marriage is broken down without repair (Section 101 (a)-(f) LMA

EVIDENCE OF THE BREAKDOWN OF MARRIAGE (S.107)
Adultery Proof of adultery Hotel cases Visiting a brother Venerial disease Birth of a child Sexual perversion on the part of the respondent Desertion Cruelty

Cont.. Willful neglect on the part of the respondent
Desertion of the petitioner by the respondent for at least three (3) years, where the court is satisfied that it is willful. Voluntary separation or separation by decree

Cont… Imprisonment of the respondent for life or for a term of not less than five (5) years. Mental illness of the respondent ,where at least two (2) doctors, one of who is qualified or experienced in psychiatry have certified that no hope of cure or recovery .

Cont… Change of religion by the respondent, where both parties followed the same faith at the time of marriage and where according to the laws of that faith a change of religion dissolves or is a ground for the dissolution of marriage.

DUTIES OF COURT ON PETITION FOR SEPARATION OR DIVORCE (S.108)
To inquire into the facts alleged To inquire into the arrangements made or proposed as regards maintenance and the division of matrimonial property To inquire into the arrangements made as regards the maintenance and custody of the infant children To consider whether the breakdown of the marriage is irreparable.

INCIDENTAL MATTERS TO MATRIMONIAL DISPUTES
In matrimonial proceeding ,it has been determined, apart from Decree of divorce, either part can seek order for further relief and this can include:- Custody of children (S.125,128 ,58) Division of matrimonial assets (S.114) Maintenance of children and the wife (S.63)

Division of Matrimonial Assets(S/N 114LMA)
Marriage does not affect property right. Each spouse in a marriage own his /her income regarded any property acquired by either part with his own income or capital is his sole properties. The court give power to order division of any property which was acquired by the spouses during the life time of their marriage and these are those acquired in matrimonial asset obtained by joint effort .

Cont… NB :Properties acquired on send off ,kitchen party will remain to be separate property and will not be subjected to division. A court to order division shall regard to the custom of the community from the parties belong.

Cont… From the contribution made by each part in money and work toward acquiring assets to the needs of infant children and to any debt owned by the other part contracted for the benefit of their joint efforts.

Cont… With all considerations court divide the property equally and without any discrimination. The term matrimonial assets include assets acquired during the marriage shall include properties acquired before marriage but either of parties which have been improved by their joint efforts.

Cont… However, the term joint effort was the controversy issue but in 1983 it was resolved by the case decision in the case of Bi Hawa Mohammed .V.Ally Seif. It was stated: Joint effort and work toward the acquiring of the assets have to be constructed as combining the domestic effort or work of husband and wife.

Cont… Therefore it is now clear that domestic contribution count as contribution toward the acquisition of matrimonial assets though not fifty to fifty . Performance of domestic duties amount to contribution toward such acquisition but not necessary 50%.

Cont… The amount to be awarded normally depends on the extent of contribution by each party.

PRESUMPTION OF MARRIAGE (S.160)
Marriage is a contract which has a force of law and has it own procedures to conclude it. Section 160 (1) of the Law of Marriage Act ( CAP 29 R.E. 2002) says that where it is proved that a man and woman have lived together for two years or more, in such circumstances as to have acquired the reputation of being husband and wife, there shall be a rebuttable presumption that they were duly married.

CONT… It is the duty of the plaintiff to convince the court that although their marriage was never officiated it was in the eyes of the community a lawful marriage and the two had lived together as husband and wife.

Cont… In the case of John Kirakwe .V. Iddi Siko (1989) Justice Mwalusanya held that to constitute a presumption of marriage three elements are necessary: firstly, the parties have cohabited for over two years, secondly, the parties have acquired the reputation of husband and wife and thirdly, there was no formal marriage ceremony between the said couples.

COHABITATION Why Buy the Cow, When You Can Get the Milk for Free?”
What Cohabitation ? Cohabitation means -Living together in a sexual relationship without being married. THE PROBLEM Cohabitation violates the institute of marriage by lacking a true commitment.

Reasons Given for Cohabitation
Economic advantages:“We can save money by sharing living expenses.” Time together :“We are able to spend more time together. Increased intimacy :“We have more opportunities to share sexual and emotional intimacy without getting married.” Less complicated dissolution :“If the relationship doesn’t work out, there is no messy divorce.”

Cont… Testing” compatibility :“Living together enables us to better learn about each other’s habits and character and see how we operate together day-to-day. Trial marriage :“We are planning to marry soon.”

SEPARATION AND DIVORCE
What is Separation? Separation simply means living apart. This means that , the parties are still married A legal separation is a court order that mandates the rights and duties of a couple while they are still married, but living apart. What is divorce ?, Divorce means the marriage is ended. In a divorce, the spouses are no longer married.

Cont… In proceedings for legal separation, the court decides the following, much as it would in divorce proceedings: Separation maintenance Child custody Child visitation Property division

SEPARATION UNDER LMA (S.67)
LMA allows spouses to separate where it is proved that the marriage has broken down. The legal effects of separation are different from those of divorce for it leaves the marriage band intact .

Cont… The rationale of separation is to enable the parties to cool their tempers and prepare them to resume cohabitation after a successful reconciliation.

SEPARATION AND GROUNDS FOR SEPARATION (S.99)
Separation can only be ordered under only one ground that the marriage has broken down. In contrast with divorce, a decree of divorce can only be granted if it is proved that the marriage has broken down irreparably .

CONT… A divorce is only given where there is no hope of reconciliation while separation is a way to prepare spouses for reconciliation.

TYPES OF SEPARATION Voluntary /consensual separation Judicial separation

VOLUNTARY SEPARATION (S.67)
Under LMA the spouses have the right to set an agreement of separation. The law provides inter alia that, the parties to a marriage may agree to live apart by writing signed by them and may also agree on the following : Maintenance, Matrimonial Property and Custody of Children.

Cont… This kind of an agreement is called consensual agreement as it is reached by the consensus of the two .

JUDICIAL SEPARATION (S.110 )
The petitioner may decide to petition for a decree of separation without petitioning for divorce . The petitioner may decide to do so intending to petition for divorce, or may start with a petition for judicial separation for tactical reasons especially for spouses who have not been married for two years.

EFFECTS OF DECREE OF SEPARATION
The principal effect of the decree is that it relieves the spouse from the duty of cohabiting . In addition ,the court has power to make orders relating to the children of the family and financial relief.

Cont… This is done to a spouse where it is provided that marriage has been broken down .Hence it enable the parties to cool their tempers and prepare them to resume cohabitation after successful reconciliation . Hence separation is given to prepare spouses for reconciliation Divorce is given where there is no hope of reconciliation .

Co-Wives' Property Rights on Divorce
One important aspect of the LMA that has remained uncontested is the question of what guidelines courts are to follow in ordering division of matrimonial assets in cases where a polygamously married wife is divorced, while her co-wife or co-wives remain married to her former husband.

Cont… This question is important largely because the LMA appears to contemplate only the divorce of couples who are monogamously married. The case of Maryam Mbaraka Saleh v. Abood Saleh Abood and a senior co-wife's application for review, provide a timely opportunity for a brief exploration of this issue and also to point at the difficulties of blending differing systems of family law into a single system.

Cont… The marriage between Abood Saleh Abood (the husband) and Maryam Mbaraka Saleh (the wife) was dissolved in 1988. The couple contracted an Islamic union in 1978 and had one daughter. The major dispute between them related to the Magistrates' Court's order, which awarded the wife a fifty percent share in the house located in the City of Dar es Salaam.

Cont… The husband successfully appealed to the High Court against the lower court's decision, but on further appeal by the wife, the Court of Appeal held that the wife had made a contribution within the meaning of section 144 of the LMA, and therefore, she was entitled to a forty percent share in the house.

Cont… What the husband's advice apparently overlooked and was not drawn to the attention of the appellate court, or indeed even raised in the courts below it, is that the husband also was married (apparently before 1978) to Farkha Abood (the co-wife), with whom he still cohabited.

Cont… Following the final decision of the Court of Appeal, the co-wife applied to the Court of Appeal for review of its decision on the ground that she, as a senior wife, also was entitled to a share in the matrimonial assets. In effect, the co-wife sought to reopen the entire dispute over matrimonial property, so the court could consider her share in the assets as part of the overall distribution scheme.

Cont… After legal argument concerning preliminary technical issues, the Court of Appeal dismissed the co-wife's application with costs. The basis for striking the application was, inter alia , that the co-wife was not a party to any of the previous proceedings.

CONT.. A great marriage is not when the ‘perfect couple’ comes together. It is when an imperfect couple learns to enjoy their differences.” – Dave Meurer

THE LAW OF MARIAGE ACT ,NO 5/1971 (R.E 2002)

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THE LAW OF MARIAGE ACT ,NO 5/1971 (R.E 2002)

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