The proposed Marriages Bill, 2017 seeks to harmonise marriage laws in Zimbabwe and bring the governance of marriages under a single Act. 10. 18 Informalities in publication of banns or notice of intention to marry or in issue of marriage licence, Where in the case of any marriage solemnized after the 1st March, 1965, the provisions of this Act relating to the publication of banns or notice of intention to, marry or to the issue of a marriage licence, or the applicable provisions of any law of, a country outside Zimbabwe relating to the publication of banns or notice of intention to marry, have not been strictly complied with by reason of an error, omission or. The correct legal term for this marriage is the “Customary marriage. 17. such person a certificate to the effect that such notice was so published. 1 Short title This Act may be cited as the Married Persons Property Act [Chapter 5:12]. (2) The marriage of a minor shall not be solemnized without the consent in writing of, the persons who are, at the time of the proposed marriage, the legal guardians of such minor or, where a minor has only one legal guardian, without the consent in writing, (i) if the consent of any legal guardian cannot be obtained by reason of absence or inaccessibility or by reason of his being under any disability, a judge of, the High Court may grant consent to the marriage, and the consent of the judge so given shall have the same effect as if it had been given by the legal guardian whose. (1) Any party who desires the publication of a notice of intention to marry shall apply in the manner prescribed to a magistrate to publish such notice. shall be void or voidable as a marriage between persons within a prohibited degree of affinity. (i) such permission shall not relieve the parties to the proposed marriage from the obligation to comply with all other requirements of this Act; (ii) such permission shall not be necessary if by reason of any such other. Chiroto v Hunda (HC 2679/12) [2015] ZWHHC 276 (12 March 2015); Mudzuru & Another v Ministry of Justice, Legal & Parliamentary Affairs (N.O.) 2. Revocation of designation as marriage officer. AN ACT to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. oversight on the part of any person respons-ible for such publication or such issue. 24 Legality of marriages between persons within certain degrees of affinity, “spouse” means a former spouse, whether living or dead. that marriage shall, if there was no other lawful impediment thereto, be as valid as it would have been if those provisions had been strictly complied with. 3 0 obj PART III. A marriage contracted in terms of the Marriage Act [Chapter 5:11] (once known as the Chapter 37 marriage). 13. rites or the rites of any religion, and such person shall, for the purposes of this Act, be known as a minister of religion. All marriages in Zimbabwe are out of community of property, unless the parties enter into an antenuptial contract prior to the marriage. (d) a marriage licence has been issued. officer during that period, he may direct in writing that such person shall for all purposes be deemed to have been a marriage officer during such period under this Act or a prior law, as the case may be. THE Bill merges all marriage laws into one Act. Interpretation. (1) Any minister of religion or any person authorized by the authority governing the religious denomination or organization concerned may publish banns of marriage. (3) If such marriage officer or magistrate is not satisfied in terms of subsection (2), he shall refuse to issue the relevant certificate or solemnize the marriage, as the case may. According to the Constitution and Marriage Act (Chapter 5:11), formerly known as Chapter 37, a civil marriage can only be entered into by heterosexual people, in a union that is monogamous. 78 and 79); RGN 27/1963, SI 816/1981. 78 and 79); RGN 27/1963, SI 816/1981. endobj Some people call this marriage, “muchato wekwamudzviti,†because the District Administrator (mudzviti) had the power to preside over this marriage. Marriage can be any of the three formally recognised types, namely civil marriages (Chapter 5:11 formerly Chapter 37), registered customary law marriages (Chapter 5:07) … [Date of commencement: 1 January 1929.] ACT To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. A male or female in a ‘Chapter 37’ marriage (now Marriages Act, Chapter 5:11) may sue the third party for adultery. Acts 42 of 1969, 3rd Sch., 1 of 1979, 1st Sch., 7 of 2011 Sch. No other marriage can be contracted by a person during the subsistence of a monogamous marriage. It is important to understand that marriages under Marriage Act Chapter 5:11 are dealt with at the High Court either in Harare or in Bulawayo. (1) It shall not be lawful for any marriage officer, other than a minister of religion, to demand or receive any gift or reward for or by reason of anything done or to be done. of such banns or such notice, as the case may be, was duly made according to the law of such country. religious denomination or organization for or by reason of anything done or to be done by him in terms of this Act. (2) A marriage officer, other than a magistrate, may receive such remuneration ordinarily paid to a minister of religion in terms of the rules and regulations of his. Law 48 of 1957. (2) A marriage officer, other than a magistrate, may receive such remuneration ordinarily paid to a minister of religion in terms of the rules and regulations of his … Certain persons may in certain circumstances be deemed to have been. 2. marriage, such marriage officer may issue the relevant certificate or solemnize the marriage, as the case may be, and such magistrate need take no further action. AN ACT to amend the law as to the property of married persons. Unauthorized solemnization of marriage ceremonies forbidden. Bulawayo's most popular daily newspaper. In 1982, the defendant “married” another wife in terms of (Chapter 5:11) even though their customary law marriage was still in subsistence. Nothing in this Part shall be construed as precluding a minister of religion or a person holding a responsible position in a religious denomination or organization from—, (a) blessing, according to the rites of his religious denomination or organization, any marriage contracted within Zimbabwe in accordance with this Act, (b) making such entries and issuing such documents as may be required by rules or regulations made by his religious denomination or organization in, connection with the religious blessing of marriages, if such entry or document does, not purport to have been made or issued in terms of this Act. Every magistrate shall, by virtue of his office and so long as he holds such office, be a marriage officer for the district in which he holds office. Married Persons Property Act [Chapter 5:12] The Married Persons Property Act identifies the property regime that is to apply to all marriages that are solemnized in Zimbabwe. Proof of age of parties to proposed marriage. “The plaintiff and defendant are no longer compatible and they have not lived in the manner of husband and wife for more than 12 months,” read part of the court papers. (2) If any such objection is brought to the notice of—. (2) Such banns of marriage shall specify the full names and residential address of, each of the persons to be married and publication thereof shall, subject to subsection, (a) in an audible manner, some time during public divine service, on three, Sundays preceding the solemnization of the marriage, in the face of the congregation before whom such minister of religion or other authorized person officiates; or, (b) by posting the banns, for an unbroken period covering three successive Sundays preceding the solemnization of the marriage, in a conspicuous. “magistrate” means any magistrate appointed in terms of the Magistrates Court Act. The type of marriage recognised in this section of the act is universally described as a civil union marriage or monogamous union. This is a monogamous marriage and … Informalities in publication of banns or notice of intention to marry or in issue of marriage licence. (2) A certificate in terms of subsection (1) shall state the full names, age, condition and residential address of each of the parties as well as the period during which such. How publication of banns of marriage to be made. 288. I married in zimbabwe chapter 5:11 and work in SA for the last 4yrs whilst my wife was working in Zimbabwe..Last year I discovered my wife was unfaithful and asked to resign and come to stay with me in SA to save our marriage of 29yrs..The problem is she verbally agrees but keeps changing position on dates..Can I get a court order to force "specific performance" of the marriage … That title has now changed to the Marriage Act [Chapter 5: 11]. 12. requirement the consent of a judge is necessary and has been granted. (1) Banns of marriage or a notice of intention to marry, as the case may be, published in a country outside Zimbabwe shall, for the purposes of this Act, be regarded as having been published in Zimbabwe, but a marriage officer shall not solemnize any marriage in pursuance thereof unless there is produced to him proof that publication of such banns or such notice, as the case may … ARRANGEMENT OF SECTIONS. (1) Banns of marriage or a notice of intention to marry, as the case may be, published in a country outside Zimbabwe shall, for the purposes of this Act, be regarded as having been published in Zimbabwe, but a marriage officer shall not solemnize any marriage in pursuance thereof unless there is produced to him proof that publication (3) If the Minister so directs, it shall be deemed that he granted written permission to. 25. “minister of religion” means a person designated and registered as a marriage officer in terms of section four; “prior law” means the Marriage Act [Chapter 177 of 1963] or the Validation of, “Registrar” means the Registrar of Marriages referred to in section thirty. However, the majority of marriages in Zimbabwe are customary; the relevant African Marriages Act of Zimbabwe recognises both polygamous and "potentially polygamous" unions. Prohibition of marriage of persons under certain ages. to be my lawful wedded wife (or husband).”. Polygamy in Zimbabwe was traditionally practised … position in any such religious denomination or organization. Acts 81/1964, 6/1967 (s. 15), 35/1967.(s. 15 Certificate of publication of notice of intention to marry, (1) Subject to section nineteen, any magistrate who has in terms of section fourteen published a notice of intention to marry shall, on the application of either of the, persons desiring to marry and on payment to him of the prescribed fee, if any, issue to. This Act may be cited as the Marriage Act. PART IV, For the purpose of performing the functions assigned to him by this Act, there shall be a Registrar of Marriages whose office shall be a public office and shall form part, (1) Immediately after the solemnization of a marriage, the marriage officer shall make an entry thereof in the marriage register book to be kept for that purpose and shall. and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. Registration Book, such particulars as may be prescribed of every duplicate original register filed by him. The term harmonisation in this context means that the laws should be united together and couched under one Act of Parliament as opposed to having different Acts being the Marriage Act (Chapter 5:11) and the Customary Marriages Act (Chapter 5:07). 21/1973 (s. 66), 41/1978 (s. 4), 17/1979 (s. 7), 29/1981 (s. 59), 15/l982 (s. 3), 18/1989.(s. 5.9 Divorce and nullity of marriage. The term monogamy is used to describe an exclusive union between no more than two people. 21. be, and such magistrate shall take steps to cancel the marriage licence. [amended by Act 22 of 2001, with effect from the 10th September, 2002. A customary law marriage is potentially polygamous. necessary to determine whether any lawful impediment exists to the proposed marriage. Attachments. Period of validity of banns, notice of intention to marry and marriage licence. such marriage prior to the solemnization thereof. (2) No marriage between—, (a) a man and a woman who is not an ascendant or descendant of his spouse; or, (b) a woman and a man who is not an ascendant or descendant of her. The courts (the High Court for marriages registered in terms of Chapter 5:11, formerly Chapter 37 or Chapter 5:07, formerly Chapter 238) and the Magistrate Courts for Chapter 5:07 marriages only) are empowered to make orders in relation to the division, apportionment or distribution of the assets of the divorcing couple. (a) refuse to issue a certified copy of any duplicate original register referred to in paragraph (b) of subsection (2) where he is not satisfied that such copy, is being required for a purpose which, in his opinion, is a lawful or proper one or for, (b) issue a limited number only of certified copies of any duplicate original register referred to in paragraph (b) of subsection (2) to any one applicant, (1) The Registrar may correct any clerical error or error of fact or substance in any duplicate original register filed in his office or in possession of the parties to the, marriage if there is produced to him such evidence as he may require, stating the nature of the error and the true facts of the matter, and he is satisfied that an error has, (2) If the Registrar makes any correction in terms of subsection (1), he shall direct the marriage officer having the custody of the marriage register book in which the. Application No. In terms of section 68 (3)Where a customary marriage precedes that under the Marriage Act, both marriages are regarded as valid for purposes of the Act and the Marriage Act marriage is regarded as a customary marriage 11. 18. 6 Change of name of religious denomination or organization and amalgamation of religious denominations or organizations, (1) A change in the name of a religious denomination or organization or the amalgamation of a religious denomination or organization with any other religious, denomination or organization shall not affect the designation as a marriage officer of any person who was so designated by virtue of his occupying any post or holding any. The plaintiff must first prove that defendant was in an adulterous affair with his/her spouse. Marriage Act - Zimbabwe 11 Years Ago admin Laws and acts governing the system. place approved by such marriage officer, in the presence of the parties themselves and at least two witnesses of or above the age of eighteen years. (5) If the magistrate is satisfied, whether or not after any interrogation and inquiries in terms of this section, that there is no lawful impediment to the proposed marriage, he, shall, upon completion by each of the parties of a solemn declaration to the effect that there is no lawful impediment to the proposed marriage and upon payment of the. There are two factors that must be proved in an adultery claim. (2) Upon payment of the prescribed fee, the Registrar shall—, (a) on application made in writing, cause a search to be made in the. The Leading Family Newspaper in Zimbabwe. marriage in question is entered to make a like correction to the entry in that book. such licence, such banns or notice or licence, as the case may be, shall lapse and no marriage shall be solemnized in pursuance thereof. This Act may be cited as the Marriage Act [Chapter 5:11]. 22. licence which has lapsed by virtue of subsection (1). the immediate vicinity of his office for a continuous period of fifteen days. 9. The spouses are also not liable for each other’s debts unless the debt is acquired jointly. 4 Designation of ministers of religion and other persons as marriage officers, (1) The Minister may, at the request of the authority governing any religious denomination or organization, designate any person holding a responsible position in any such religious denomination or organization to be a marriage officer for the, purpose of solemnizing marriages according to Christian, Jewish, Islamic or Hindoo. The customary marriage will not be valid for purposes of the Act 12 . ~��(�Ŭ4�r�M�,�z��;���ё�yh~�K���,~Ӟ�j�2�Kyb\y����;iX���5���b������b��_w�1m��T_ICņ�v1�C1q��p!4�4K��,ųI���uHe�@��\�-��oڒCR�CRZt�kb����&�MLx���ؚ'nW�)���|���2Hs;:_p��d;��%e-�|*��~��"3��.�EBϫv��^%�w�u�h�h��uH�4���*rr�| preceding the date of the receipt of such application. Many countries especially those in the developed world for example Germany, United Kingdom, Holland, Greece, Canada and most States in the United States, also have marriages out of community of property. It proposes to merge and reconcile the Marriages Act (Ch 5:11) and Customary Marriages Act (Chapter 5:07) and confer equal property rights to parties of both respective marriages. In this Act- "Registrar-General", "Civil Registrar", "Marriage Officer" mean respectively Registrar-General of Marriages, Civil Registrar of Marriages and Marriage Officer under this Act; Cap. -, 2. 10 Application for publication and acceptance of banns, (1) Any party who desires to cause banns of marriage to be published shall deliver or cause to be delivered to any minister of religion at least two days prior to the intended, publication or at any time prior to such publication, which such minister of religion, may in his discretion allow, a written application to publish such banns: Provided that no such application to publish such banns shall be accepted by a, minister of religion unless the party concerned has resided in the area in which such minister of religion holds office for a period of at least fourteen days immediately. �}iM�(q�(-&�w`�+o���؟�V0���5� 8C�����:z�����]�O=��o2�?��@�DBO��dpE �Ha�� ��w�LL�� ,�M0��h �C�,�� It also means … Provided that no such application shall be made against the wishes of the minor if, since the date of the marriage, he has attained the age of eighteen years. It proposes to merge and reconcile the Marriages Act (Ch 5:11) and Customary Marriages Act (Chapter 5:07) and confer equal property rights to parties of both respective marriages. 11. �D 15. [�%.ك�~Q������j�h��� X��#��Ln�; ��f8D�/�f2(I`�(���#��f��I������;"�vT�An�7~я�@�=�͐�m�N��74�G�u�}�i ... married under chapter 5:11. [amended by Act 22 of 2001, with effect from the 10th September, 2002. complete two duplicate original registers of that entry, inserting therein the same particulars as appear in the entry. The marriage laws in Zimbabwe are presently scattered in nine different pieces of legislation, namely the Marriage Act (Chapter 5.11), which governs civil marriages; Customary Marriages Act (Chapter 5.07), covering the customary law marriage; Married Persons Property Act, detailing the marital property regime; Matrimonial Causes Act… “I call upon these persons here present to witness that I, A.B., do take C.D. (2) Section seventeen shall apply, mutatis mutandis, with reference to any banns or notice referred to in subsection (1). Married Persons Property Act [Chapter 5:12] The Married Persons Property Act identifies the property regime that is to apply to all marriages that are solemnized in Zimbabwe. Basically, there are three types of marriages recognised in Zimbabwe and they are as follows: 1. If a couple were married under Marriage Act Chapter 5:11 and then they separate for a long time and eventually the wife dies, the husband … [Date of commencement: 1st March, 1965.] There will be one Act of Parliament governing marriages in Zimbabwe and the new Act will also update the law in line with the Constitution. Mutashu issued divorce summons against Ruvazhe back in April this year seeking to end the couple’s marriage which was in terms of the Marriage Act (Chapter 5:11… 34. A GUIDE TO ADMINISTRATIVE AND LOCAL GOVERNMENT LAW IN ZIMBABWE; A Guide To The Zimbabwean Law Of Delict; Commentary on the Criminal Law (Codification and Reform) Act [Chapter 9:23] Criminal Procedure in Zimbabwe; Final Papers of the 2016 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe: ���J4f���M߈&��. For legal aid to be granted the following tests must be satisfied: the Means Test; Merit Test B; the Availability of Funds Test, and; Legal Aid NSW is satisfied that: -Whereas the Constitution of Zimbabwe, which is the highest and supreme law in the land provides that people have a right to marry at 18 years of age, which can be interpreted to mean that 18 is the minimum age of marriage, the laws that govern marriage, the Marriage Act [Chapter 5:11] and the Customary Marriages Act [Chapter 5:07] are not in line with the Constitution. (4) For the purpose of any interrogation in terms of subsection (3), the magistrate may administer an oath to each such party. prescribed fee, if any, issue to them a marriage licence in the prescribed form. CCZ 39/. (��h��ܠ�AT��/0'�_ލ�^� �_��B^�}�u� �F��[ۖ0p6isFl�8�ڪ�3qʫ[%�]���6�:zFd�y�"��L�J��|7N�� Legal aid is available for a court application relating to divorce or nullity of marriage. Publication outside Zimbabwe of banns or notice of intention to marry. ], 35 Penalties for solemnizing marriage contrary to this Act and for false representation or statement, Any marriage officer who knowingly solemnizes a marriage in contravention of this, Act or any person who makes, for any of the purposes of this Act, any false representation or false statement knowing it to be false, shall be guilty of an offence. 5 Certain persons may in certain circumstances be deemed to have been marriage officers, (1) Whenever any person has acted as a marriage officer during any period in respect of which he was not a marriage officer under this Act or a prior law, and the Minister, is satisfied that such person did so in the bona fide belief that he was a marriage. In Zimbabwean civil law, the Marriage Act of Zimbabwe only recognises monogamous marriages. 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