| Until divorce do us part | Send to a friend |
| Saturday, 26 November 2011 11:10 |
 By Sharifa KalokolaIn recent weeks, it has become impossible to talk about divorce without mentioning the recently divorced celebrity couple, Kim Kardashian and Kris Humphries who were married for only 72 days. If you thought theirs was a short union, what would you say about others like Britney Spears who annulled the marriage to her childhood sweetheart Jason Alexander after 54 hours? Even screen goddess, Julia Roberts called it quits with her country singer husband, 21 months after their glamorous wedding. And the list goes on and on. Married couples are meant to stay married until death. But the trend being set by international and local celebrities, is attaching a humongous price tag to the whole drama of divorce. In the United States, divorce is considered a booming business attracting a multitude of entrepreneurs. But, you need not focus on international celebrities to understand the depth of this problem; look around you. Friends, colleagues and relatives are deserting the marital union as if possessed by some anti-marriage spirit. In the unlikely event that couples part ways, amicably or otherwise, legal experts advise that a prenuptial agreement could help manage the strain. A prenuptial agreement is simply a contract entered by a couple before marriage to decide the fate of part of or all their assets should the marriage come to an end. Many courts recognise these agreements, which must be drafted, signed and witnessed by a lawyer. The ‘prenups’ (as they are usually referred to) may also include terms of penalty in distribution of assets should the divorce be fuelled by adultery or other unpleasant circumstances. If children are involved, custody issues may also be included. Critical thinking In the wake of multiple divorce cases, lawyers have begun softening up to the prenuptial agreement whose origin and preconditions do not augur well with African and religious stipulations. Mohamed Kajembe a lawyer with the Tanzania Women Lawyers Association (TAWLA) advises that the society needs to remain liberal on issues surrounding prenuptial agreements because these documents are known to efficiently settle property issues. “Our societies are feeling the heat from the ugly post-divorce wrangles yet they are stuck to old habits of looking for solutions after problems have occurred,” he said. “The problem with Africans is that we are quick to dismiss some practices without really giving them critical thought.” Another learned friend, Mr. Juma Mwandago who works with Global Law Chambers affirms this position and he is unhappy with the way people refer to ‘prenups’ as non-Tanzanian culture. “The gist of the matter is that divorces happen here in Tanzania but no one really sees the value of a prenuptial agreement until their marriage collapses,” says Mr. Mwandago. “Currently no laws bind such agreements, however they are considered valid if the contract is availed. The law of the land views marriage as a lifetime bond,” he says. Both learned friends advocate the revision of marriage laws to incorporate such issues. Missing the point of marriage Strongly opposed to the legislation of the prenuptial agreements are few couples who read distrust and ill motives among people who sign the pre-marital contracts. For Hamud Salim, 30, and his 27-year-old wife, Eunice Marwa, signing a prenuptial agreement never crossed their minds. “When we entered marriage, we became one unit. Everything we own is ours and should we ever call it quits, we will follow the procedures provided by the law,” Eunice said. This couple feels that prenuptial agreements are for those with second thoughts about marriage. “These people are motivated to stay married because of money or something else. They quickly look for the exit when their fuel runs out,” says Hamud. Frank Simon, the 48-year-old laboratory technician, also believes that couples who sign this document get into the marriage deal for selfish commercial gains. Currently in his fourteenth year of a blissful marriage, Frank learnt of the existence of prenuptial agreements barely three months ago but he swears he would never have signed them. “These premarital contracts you are talking about are signed by couples who distrust one another and are bound by other things like money or fame,” he says. Additionally, he feels that marriages are destabilised when couples are not motivated by unity. Frank’s opinion may actually hold water given the rates of divorces in countries where this document is almost a prerequisite to marriage. In European countries, the prenuptial law came into effect in the early 70’s. The decreasing tolerance levels amongst couples today and increased level of openness and awareness of the law all have resulted in record high divorce rates. Focus on the disadvantaged Human rights bodies and gender activists are aware of the maltreatments women face when they lose their partners through divorce or death. Maimuna Kanyamala, a gender activist at Kivulini Centre, is confident that prenuptial agreements would work to empower women rather than increase the rates of divorce. “Either way, it is a fact that divorce rates are still high in Tanzania yet these contracts are a new phenomenon to many,” she says. “Women waste a lot of time and money fighting for their rights in courts; these contracts could be their only saviour.” Mwanaidi Gwao is a budding businesswoman but the 27-year-old who is the proud owner of a house and a car, is treading carefully on the path of marriage after seeing her mother go through a painful separation. “I grew up in hardship and I toiled like a donkey to create some wealth for myself,” she said. “After all the painstaking experience, catch me dead if my future spouse leaves me penniless. We will have to sign that contract and it will not mean that I love him any less.” Mwanaidi’s future spouse is not the only one who will have to contend with signing the dreaded agreement. Grace Maro, who runs a family business, is keen to safeguard her family’s assets. “For years, I have worked in my father’s firm and my spouse will not take control of any piece of it. These assets belong to me and my siblings,” she says. Add this page to your favorite Social Bookmarking websites           |
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