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The Zimbabwe Women Lawyers have put together a fact sheet on the new Marriages Act indicating the basics that can help members of the public understand the essence of it. Marriages Act Chapter 5:15 is the new law regulating all marriages in Zimbabwe. It was made into law on the 27th of May 2022.
According to Law expert, Fadzayi Mahere a lot of the provisions are yet to be tested in a court of law and there are many legal issues that arise from the Act.
1. AGE OF MARRIAGE
• The minimum age of marriage is 18 years for both girls and boys. It is, therefore, a crime to marry off a child and anyone involved in that will be prosecuted. It is a substantial crime if the parents or guardians are involved.
2. CONSENT
• There must be free and full consent of anyone wanting to get married.
3. TYPES OF MARRIAGES:
a). A civil marriage is a monogamous marriage between a man and a woman.
b). A registered customary marriage is potentially polygamous and done according to customary rites.
c). A qualified marriage is a union contracted according to religious rites which is not registrable as civil or customary marriage and is potentially polygamous.
A registered customary law marriage may be converted to a civil marriage.
4. UNREGISTERED CUSTOMARY LAW UNIONS (KUBVISIRANA PFUMA)
• Unregistered customary law unions are not recognised marriages
• Unions contracted after the new ACT must register within 3 months of the date of the union.
• However, unions that existed before this ACT must be registered within 12 months.
• Failure to register does not invalidate the union, guardianship, custody and the rights of succession of children in such a marriage. (limited recognition).
5. CIVIL PARTNERSHIP (KUBIKA MAPOTO)
• It is not a marriage but recognised ONLY for purposes of property sharing It is a relationship of a man and a woman above the age of 18 years living together on a genuine domestic basis It can co-exist with any other marriage including a Cavil marriage.
6. EQUAL STATUS OF ALL MARRIAGES
• All marriages are equal. there t5., no marriage superior to the other.
7. LOBOLA
• For customary law marriages the agreement relating to lobola or marriage consideration is necessary Customary law formalities are a prerequisite.
8. EQUAL RIGHTS
• Parties to a marriage have equal rights and obligations during the subsistence of the marriage and at its dissolution.
9. MARRIAGE OFFICERS:
a. Magistrates
b. Ministers of religion
c. Chiefs (they solemnise customary marriages)
d. Heads of embassies
10. DIVORCE LAW (MATRIMONIAL CAUSES ACT)
• The law on divorce applies to all types of marriages and civil partnerships. but does not apply to unregistered customary law unions.
Source: Pindula
