1.

0 INTRODUCTION

1.1 Contract to marriage

Is agreement by parties consent to marry in future it covers the time before parties get
marriage according to section 18(1) of the law of marriage act it provide that where a man and
a woman desire to marry they shall , at least twenty-one days notice before the day when they
propose to marry . Also one may establish contract to marry without knowing and this is
informal way of establishing contract to marriage the society has no doubt about them it can be
through word of mouth. There can be no action for breach of promise unless contract to marry
as been made there are no formal requirement regarding the contract. It need not be
evidenced by writing and the law described no particular form of word . Mutual promise to
marry may be implied from the conduct of the parties a declaration of intention to marry
another made to a third person will not constitute a promise unless communicated to the other
person on the authority of the person making the declaration .

1.2 Presumption of marriage

Is the kind of life where by a man and a woman they cohabite together under one room as
husband and wife in real sense they are not husband and wife . The law of marriage Act in
Tanzania provided that couples has cohabited as husband and wife for at least two years that is
referred as presumption of marriage , the is interested with people who live as husband and
wife people prefer living as husband and wife without ceremony of marriage because they
afraid of the responsibility relating to marriage that is why there is presumption of marriage for
the people who live together as husband and wife for two years without getting married .

Under common law position when couple fail to comply with marriage forms there relationship
may result in to being void or no marriage at all however under certain circumstances couple
who fail to confirm with formalities can be presumed as married or couple living under
common law marriage.

2.0 MAIN BODY

In relation to our issue that whether contract to marry may amount to presumption of marriage
, we argue that contract to marry can not amount to presumption of marriage due to the fact
that in order for presumption of marriage to be valid there are four ingredients to be
considered which are not found in a contract to marry . The following are the ingredients of
presumption of marriage

2.1 Long cohabitation

There must be cohabitation of man and woman for a period not less two years living in the
same roof as husband and wife . But in contract to marry it is just an agreement of parties
consent to get married in future it does not involve cohabitation there contract to marry can
not amount to presumption of marriage. Ina contract to marry parties may live together as
couple but not as husband and wife there fore presumption of marriage to be declared there
must be long cohabitation among parties as was further illustrated in the case of HOKA MBOFU
V. PASTORY MWIJAGE(1983) TLR 286.

2.2 There must be reputation

The Couple must acquire reputation of husband and wife this it has been divided into two
phases’ where by there must be reputation between couple themselves they have to respect
each other in the sense that even other people when they sow them will also respect them .
another phase is that the neighbor’s must respect them as husband and wife also the people
who surrounding them they must respect them as husband and wife there for presumption of
marriage can be considered as valid due to that fact of reputation of the parties to the society
and them selves. There fore in contract to marriage parties may not even have reputation as
husband and wife because they are still couple there fore contract to marry may not amount to
presumption of marriage
2.3 No formal marriage

There must be no formal marriage as between the parties if there is formal marriage celemony
there is no presumption of marriage there fore contract to marriage can not amount to
presumption because in contract parties are required to follow the formalities until they get
married but in presumption no any formal marriage is required as provided in the case of
HOKA MBOFU V. PASTORY MWIJAGE(1983) TLR 286.

2.4 capacity to marriage

Parties must have capacity to marry in order for marriage to be declared , one must have
majority age , no existing marriage ,,also there must not be prohibited relationship there fore
in presumption of marriage all of this ingredients must be considered with regard to the case of
Ramadhan Said Vs Mohamed Kiru of 1983 TLR 309. It was so stated that one can not married
to another person if there was existing marriage between the parties also un contract to
marriage one must have the capacity to enter into such contract there fore contract to marry
may not amount to presumption of marriage because each clause has its own things to be
considered.

3.0 CONCLUSION

Generally; Contract to marry covers the period where parties must talk and agree on the terms
understood by both on the same mind and this paves a way towards establishing legal marriage
recognised under the eyes of law, While pressumption of marriage it's not a way to legalize or
establish a marriage but rather this law covers people who prefer to live as husband and wife
without formal marriage or marriage celemony to evade them selves from responsibilities
related to marriage, so this law os there mainly for the intention of protecting the rights of
people living under this kind of relationship when it comes to any disputes arising between
them.