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. Marriage Amendment Act 11 of 1964 – Gazette No. “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. MARRIAGES BILL, 2019 M emorandum. Short title. This Act may be cited as the Marriage Act. A widow or widower intending to get married in terms of the Marriage Act (Chapter 5:11) must produce a Certificate from the Master of the High Court. marriage officer in lieu of a certificate or notice of intention to marry if the marriage officer is satisfied that publication of such banns or notice of intention is not required by the laws of that country. 2 0 obj Publication of banns or notice of intention to marry or issue of marriage licence before marriage. to be my lawful wedded wife (or husband).”. PART I. If a person is a single African and his or her parents are married under the Marriage Act [Chapter 5:11], that person’s estate should be … (3) If the Minister so directs, it shall be deemed that he granted written permission to. (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. AN ACT to provide for the solemnization of customary marriages; to regulate certain other incidents in connection with such marriages and to prevent the pledging of children. The spouses are also not liable for each other’s debts unless the debt is acquired jointly. �}iM�(q�(-&�w`�+o���؟�V0���5� 8C�����:z�����]�O=��o2�?��@�DBO��dpE �Ha�� ��w�LL�� ,�M0��h �C�,�� 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. preceding the date of the receipt of such application. endobj It also means … 2 Community of property excluded from … (1) Any minister of religion or any person authorized by the authority governing the religious denomination or organization concerned may publish banns of marriage. stream 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. “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. Application for publication and acceptance of banns. 15. 1 Short title This Act may be cited as the Married Persons Property Act [Chapter 5:12]. 5.9 Divorce and nullity of marriage. Customary Marriages Act, Chapter 5:07: Official authorities in charge of registering a marriage: Ministry of Home Affairs, Department of Registrar General Office: Organizational structure : Centralized: Legal age for marriage: 18 years for males and females: Is there a legal obligation to register marriages? Gonda: Sylvia Chirawu, the national coordinator of Women and Law in Southern Africa says there are three kinds of marriages in Zimbabwe. (2) No person shall be entitled to a refund of any fee paid in respect of a certificate. Interpretation. Divorce cases under Chapter 5:07 … Legal aid is available for a court application relating to divorce or nullity of marriage. Final Papers of the 2016 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe: MAGISTRATES’ HANDBOOK FOR CRIMINAL CASES. All marriages in Zimbabwe are out of community of property, unless the parties enter into an antenuptial contract prior to the marriage. AN ACT to amend the law as to the property of married persons. amalgamates with any other religious denomination or organization, it shall immediately inform the Minister thereof. 79/14, CC 12-15)  ZWCC 12 (20 January 2016); A Reflection on the Domestic Violence Act [Chapter 5:16] and Harmful Cultural Practices in Zimbabwe. the parties, demand the production of relevant documents and institute such other inquiries as he may think necessary. (b) are divorced or are living apart and the sole guardianship of such minor has not been granted to either of them by order of the High Court or a judge thereof. This is a monogamous marriage and … ], 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. shall be void or voidable as a marriage between persons within a prohibited degree of affinity. PART IV. Commencement date: 28 February 1964. There are two factors that must be proved in an adultery claim. 1. 25 Time and place for, and presence of parties and witnesses at, solemnization of marriage. Acts 42 of 1969, 3rd Sch., 1 of 1979, 1st Sch., 7 of 2011 Sch. Even if the unregistered customary marriage is accepted in Zimbabwe it is no guarantee that the couple is protected from each other. 288. 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. 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. rites or the rites of any religion, and such person shall, for the purposes of this Act, be known as a minister of religion. Chiroto v Hunda (HC 2679/12)  ZWHHC 276 (12 March 2015); Mudzuru & Another v Ministry of Justice, Legal & Parliamentary Affairs (N.O.) (2) Where the marriage of a minor which requires the consent of his legal guardian or legal guardians or the consent of a judge under section twenty is contracted without, such consent and is not set aside in terms of subsection (1), the marriage shall have effect in all respects as if it were a marriage contracted between persons both of, 22 Prohibition of marriage of persons under certain ages, (1) No boy under the age of eighteen years and no girl under the age of sixteen years shall be capable of contracting a valid marriage except with the written permission of, the Minister, which he may grant in any particular case in which he considers such. A male or female in a ‘Chapter 37’ marriage (now Marriages Act, Chapter 5:11) may sue the third party for adultery. Bulawayo's most popular daily newspaper. %PDF-1.5 Change of name of religious denomination or organization and amalgamation of religious denominations or organizations. This Act may be cited as the Marriage Act [Chapter 5:11]. This has been the law in Zimbabwe since the 1929 Married Person Property Act. 10. Publication outside Zimbabwe of banns or notice of intention to marry. 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. According to court papers gleaned by Zim Morning Post, the pair married in Bindura on February 25 2005 under the Marriage Act (Chapter 5:11). Short title. Թ����qЪb��P8:˸�}՚ʸ���n��K�z\�vv�o����'�Ì�aDl�pd��^�Y�$ֽ��Bb:?� Marriage Act.pdf (177.00 KB, 31.2K views) Also In This Category. (d) a marriage licence has been issued. 12. Marriage Registration Book and of duplicate original registers filed by him; (b) subject to subsection (3), issue certified copies of a duplicate original register filed by him. (2) An application referred to in subsection (1) shall—, (a) state the full names, age, condition and residential address of each of the parties; and, (b) bear the signature of each of the parties and be dated by either of. 78 and 79); RGN 27/1963, SI 816/1981. Proof of age of parties to proposed marriage. Non Africans and Africans married under the Marriage Act [Chapter 5:11] (popularly known as [Chapter 37]) should have their estates registered at the High Court. Marriage Act.pdf (177.00 KB, 31.2K views) Also In This Category. (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. 6. (1) Any person desiring to raise any objection to any proposed marriage shall lodge such objection in writing with—. AN ACT to amend the law as to the property of married persons. Polygamy in Zimbabwe was traditionally practised … (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. 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. Blessing of a marriage. 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. 24. 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