The following article is the first of a series of articles aimed at highlighting the changes brought about by the new marriages law in Zimbabwe. The new law seeks to introduce various new types of โmarriagesโ and modifies existing concepts within the marriages law framework.
On the 27th of May 2022 the President of Zimbabwe passed into law a new marriages law, the Marriages Act (Chapter 5:17).This new marriages law came into operation on the 16th of September 2022 [1]. This law has brought a radical change to the Marriage laws in Zimbabwe with the Marriage Act (Chapter 5:11) and Customary Marriages Act (Chapter 5:07) being repealed. The ย new Act introduces a civil partnership and a qualified civil marriage and recognises an unregistered customary law union as a marriage. However despite all these changes, the matrimonial property regime in Zimbabwe remains out of community of property[2].
TYPES OF MARRIAGES
- Civil Marriage
Monogamous marriage ( one man, one wife).
Once married under this marriage, one cannot contract into any of the marriages discussed herein except the civil partnership. The marriage just requires two consenting adults over the age of 18. Lobola is not a requirement.
- Registered Customary law union
Potentially polygamous marriage (one man, potentially many wives). Requires payment of lobola and registration.
Requires payment of lobola and can marry other women only under customary law, unless if there is still one wife, can upgrade to civil marriage. It is solemnised by Magistrates within their areas of jurisdiction.
- Unregistered Customary law union (UCLU)
Potentially polygamous marriage ( one man, potentially many wives)
This marriage is characterised by payment of lobola. A man can marry many wives under customary law. Should be registered within 3 months but there is no sanction for failure to do so. It is solemnised by a Chief within their area of jurisdiction. Can upgrade to registered customary law marriage.
- Qualified Civil marriage
Civil marriage which is polygamous or potentially polygamous. Solemnised by the Minister of religion for Islamic rites.
Civil Partnership [3]
(1) A relationship between a man and a woman whoโ
(a) are both over the age of eighteen years; and
(b) have lived together without legally being married to each other; and
(c) are not within the degrees of affinity or consanguinity as provided in
section 7; and
(d) having regard to all the circumstances of their relationship, have a
relationship as a couple living together on a genuine domestic basis;
shall be regarded as being in a civil partnership for the purposes of determining the rights and obligations of the parties on dissolution of the relationship. This relationship is not recognised as a marriage, it is only recognised for the purposes of determining rights upon dissolution of the relationship.
The new marriages law has brought in with it more types of marriages, without addressing the fundamental challenges within the pre-existing regime. The conflict of laws between marriages law and property law will persist.
Marriage laws can present some challenges, especially when it comes to estate planning. Marriages require careful consideration on assets, wills and the welfare of minors. One should be able to differentiate between the various types of matrimonial regimes and the rights that obtain.
For assistance with inquiries relating to Marriage law, Divorce, Estate Planning or Wills kindly get hold of our Conveyancing & Estates Practice Group on info@mmmlawfirm.co.zw
[1] Statutory Instrument 164 of 2022
[2] Married Persons Act (Chapter 5:12). Spouses in a marriage out of community are legally entitled to own and dispose properties in their individual capacities.
[3] Section 41 of the Marriages Act Chapter 5:17
Under civil marriage where lobola is not required, the story is , “when the wife dies the wife’s relatives can refuse to come and attend to the desceased’s funeral demanding lobola and it becomes si difficult to burry one witout her relatives at all . My question,” what does the law says about this act ,and how can 1 be guided to perform that process of burial without wife’s relatives under the circumstances if demanding lobola ?”
Law is law and tradition is tradition and sometimes the two contradict. Yes the law might protect you to bury your wife without her relatives but remember we are Africans with tradition that binds us. Unenge wagadzirira vana vako a problem which can only be solved after paying that Lobola. Also your wife will come back to you as a vengeful spirit asking why you buried her without her relatives. Also families have cultural practices used when burying the dead. So in a nut shell, pay Lobola or a token for you to be known to your in-laws. The law will never protect you from the problems that comes after.
A sangoma, prophet, pastor or bishop and your church will not protect you from what comes after until you pay what is due. If you have kids with that wife, it’s even worse.
When the deceased’s relative(s) refuse to bury their own departed until lobola or some consideration is paid, that’s criminal. They can be charged for extortion as defined in the Criminal Law Codification and Reform Act [CAP 9:23]
I think it’s wise for one to first engage into a registered customary law union then shift it to a civil marriage later on basing on the cultural values of our country
Is does need to be registered loobola just has to be paid
This law is not good it Doesn’t protect our Marriages at all ……… And it doesn’t value the Woman we lost our Diginity…….. We are no long proud of Being married Woman because you give us equal rights with sides chick’s
That is not the case the law doesn’t give side chicks the same rights as the big house or rather spouses. The new marriage Act should be interpreted holistically. The mischief of the legislators should be taken into account. Mutemo urikuedza kubatsira vaya vanogara nevarume years Vasina kubvisirwa vaya vanonzi varikuchaya mapoto.
What happens to the property after dissolution of a relationship where two adults were staying together for maybe a year and the other partner did not contribute anything in buying the property
That is not the case the law doesn’t give side chicks the same rights as the big house or rather spouses. The new marriage Act should be interpreted holistically. The mischief of the legislators should be taken into account. Mutemo urikuedza kubatsira vaya vanogara nevarume for years on a genuine basis vasina kubvisirwa, vaya vanonzi varikuchaya mapoto.
Yes that’s the case, but you should also take into account the cases of the so called ‘small houses’ , they must have some sort of protection before the law. In either way the new marriage laws do not elevate small houses to the same legal grounds with a legally married wife. The laws are giving parties to a civil partnership equal rights with regards to their property and it is expressly mentioned that these rights will not be extended to include property of the legally married wife.
I think the act is clear that a civil marriage is monogamous. If you caught another woman having a relationship with your husband you can claim for adultery damages in form of consortium and contumelia. A number cases had been judged and u can refer to those. Imhosva kuita relationship nemurume or mukadzi ari married under civil law. Njodzi v Matione, Misvo v Sithole, Mafunga v Green etc these are some cases to refer to
What are the advantages and disadvantages to Women and Inheritance to Laws of Inheritance in light of New Marriage Act
Please advise what is the legal standing of one married in civil marriage act5:11, but with a girlfriend with kids born in that civil partnership. Is this partnership recognized and is it illegal since civil marriages are monogamic in nature.
In as much the new law aims to protect those who vari kuchaya mapoto, it seems there is no protection for those women in a 5.11 civil marriage and also men seem to have more freedom of choice than women who may die imprisoned in a civil marriage that is not working.
Pane hre mutemo wekuti if mukadana for 2 yrs planning to marry then either mukomana or musikana decide to quit ,then between then pane angakwanisa kusungisa mumwe hre
What is the position if a husband has been using a marriage certificate and is now disputing it as a genuine document 19years later during divorce yet the same was being used during travels, acquiring of jointly owned properties, change of ID of the wife?
Hi. What happens if lobola is partially paid and the relationship is dissolved, before itโs registered , is there any proof needed before the man can marry a new woman, civil marriage?
Will the other woman have any rights to the manโs property?
With the new laws, what happens in a polygamous relationship where the Husband dies leaving behind 3 unregistered but fully lobala wives and one church registered wife? In total He has 20 children. Each wife had their own home and are on registered title deeds. Apart from the newest Church registered wife. She has no children with the dead man unlike the other unregistered wives. Does this latest church wife have claim to the other wives homes? Since she has church registered marriage and the other wives don’t? Can the men’s children claim portions of their other step mother’s homes since their father’s name is also on their title deeds?
Very informative..thanks
Hi, l just want to know when the Marriages Act 5:17 come into Action like for the first time
this is interesting i have learnt a lot,its surely is protecting kuchaya mapoto tho allowing spouses in a civil marriage to cohabit ,either way he can do it if he wants to.its actually better than an unregistered civil marriage .