This paper is concerned with the relationship that exists between Customary and Common law in Botswana. Does it promote conflict or concord? This will be explored with reference to the general relationship between the two systems and in the particular context of marriage, divorce and division of property. One may argue for the conflict approach if one views the systems as ppositional or one may argue that there is concord by acquiescence, given the subordinate position occupied by Customary law within the national legal system of Botswana. The aim of this paper is to do neither, but rather, to show that “duality” with its implications of separateness is inappropriate, that the two systems are linked and have a symbiotic relationship, one which involves a process of mutual adaptation. The aim of this paper is to show that any conflict or concord that exists should not be defined in terms of systems viewed as independent isolated units or in terms of labels such as “Common” or “Customary” law but rather in terms of values which relate to mode of life and attach themselves to certain kinds of property. Within the national legal system of Botswana Customary and Common law co-exist. Customary law is defined as being “in relation to any particular tribe or tribal community the customary law of that tribe or tribal community so far s it is not incompatible with the provisions of any written law or contrary tomorality, humanity or natural justice”.