For a foreign marriage to be recognized in the united states, the marriage must be legal in the country and jurisdiction where effected, and prior marriages terminated. Civil marriage is when a man and a woman are married by a marriage officer. This act may be cited as the married persons property act chapter 5. There are however some requirements which the foreign national must satisfy. This is because previously, the act of parliament that provided for this marriage was titled chapter 37. Since its inception this journal has had an editorial board consisting of editors from the faculty of law at the university of. Marriage also called matrimony or wedlock in zimbabwe is perceived as a legal union if it occurs between two consenting adults. 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. The marriage act chapter 50 of the laws of zambia chapter 50 the marriage act the marriage act arrangement of sections part i generalpart i general section 1. In zimbabwe, the system that governs property rights in marriage is known as out of community of property. Govt dithers on amending child marriages law newsday. That title has now changed to the marriage act chapter 5. It must be noted and reiterated that all marriages in zimbabwe are. This act may be cited as the marriage act chapter 5.
However, the customary marriages act, under which this marriage exists, is not in line with the constitution as it does not set an age limit for people who can enter into this. The zimbabwe constitution does not bar marriage of a zimbabwean to a nonzimbabwean. 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. The matrimonial causes act 2 of 1989, 30 of 2005 lst february, 1989. Registrargeneral, civil registrar, marriage officer mean respectively registrargeneral of. Marriage under marriage act not to affect customary law as to property. Government of the republic of zambia special licence means a special licence granted under section twelve. Nonetheless, beside continuous reference to some of these laws in this article, their indepth analysis is beyond its scope. According to the zimbabwe national statistics agency the median age at first marriage in zimbabwe has been declining from 19 years for women currently aged 4549 years to 16 years for those aged 1519 years7.
This marriages bill, 2019, repeals and replaces the current customary marriages act chapter 5. The marriage officer is required to satisfy him or herself of the banns of marriage publication. Contracting marriage under this act when married in african customary law or contracting marriage in african customary law when married under this act 39. Enacted by the president and the parliament of zimbabwe. There will be one act of parliament governing marriages in zimbabwe and the new. Marriage act zimbabwe 10 years ago admin laws and acts governing the system. The constitutional court ruling against child marriages in 85 86 eassrr, vol. Marriages that are recognised in terms of the general law, are civil marriages marriage act, chapter 5.
Although current laws, through section 22 1 of the marriages act, stipulate that males can enter into marriage at 18, it allows females to do the same at 16 years of age. The idea behind the aforesaid requirement is to protect zimbabweans from. Parliament governing marriages in zimbabwe and the new act will also update the law in line with the constitution. New marriage bill ready for parliament, no under 18 to get.
The zimbabwe electronic law journal now a refereed journal and the editors invite you to contribute articles for future volumes. The correct legal term for this marriage is the civil or monogamous marriage. 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. The act states that every magistrates court shall have in all civil cases, whether determinable by the general law of zimbabwe or by customary law, jurisdiction in actions in which is claimed a decree of divorce, judicial separation or nullity of a marriage solemnized in terms of the customary marriages act chapter 5. The first type is the easiest to achieve since both parties wish to terminate the marriage and have agreed to the broad terms of the separation.
Marriage act an act to provide for the solemnisation of marriages. Notwithstanding anything to the contrary contained in the criminal procedure and evidence act, no marriage contracted according to customary law, either inside or outside zimbabwe, which was not registered in terms of the native marriages act or solemnized in terms of this act or the marriage act shall render either party thereto incompetent to. Zimbabwe recognizes two types of divorces, the simple or uncontested divorce and the opposed or contested divorce. Deputy chairman, law development commission, zimbabwe. The following are the main constitutional precepts which the marriages bill takes into account gender equality section 31g of the. Marriage act used in zimbabwe, last updated in 2004.
The production of a nonmarriage certificate or nonimpediment letter from his or her country of origin. In terms of the constitution, any adult couple over 18 years, of the opposite sex, who are citizens of zimbabwe or resident in zimbabwe can enter into this marriage. Marriage in zimbabwe is out of community of property meaning no sharing there is no such thing as the so called 5050 marriage law in zimbabwe. Under the three types of marriages in zimbabwe, the civil union, also known as the registered civil marriage chapter 5. Five percent of women aged 1549 years currently in marriage or union were married before the age 15 rural 6%, urban 2%. Marrying your way into money in this country is not. In this act registrargeneral, civil registrar, marriage officer mean respectively registrargeneral of marriages, civil registrar of marriages and marriage officer under this act. Domestic violence act parliament has enacted progressive legislation on domestic violence which includes child marriage as a form of domestic violence. John reid rowland, constitutional history of southern rhodesia. Publication outside zimbabwe of banns or notice of intention to marry.
False pretences in connection with consent to marriage 42. Zimbabwes customary marriages act sets no minimum age for marriage, while the marriage act, which governs monogamous marriages, states. The ruling includes marriages under the customary marriages act which had previously not had a minimum age requirement. Customary marriage act customary marriage has long been subject to the requirement of registration, so that the concept of registration of these unions is not new. Plan international has welcomed zimbabwes landmark judgement to declare 18 the legal minimum age of marriage, while all forms of child marriage have been deemed unconstitutional. In 2016 zimbabwes constitutional court outlawed child marriage, so that no one may enter into any marriage before the age of 18.
Any person with a marriage certificate has a civil marriage. Most pastors, priests and other church leaders are also marriage officers. Page 1 of 18 28 february 1964 26 march 1968 this version applied as from 28 february 1964 to 26 march 1968, i. American citizens wishing to get married in zimbabwe may register with a magistrate court by providing identification i.
Unpacking zimbabwes marriage law reforms the herald. In this case the marriage act requires that the marriage officer that will solemnize the marriage in zimbabwe receive a certificate by an appropriate authority in that country showing that there is no impediment to the proposed marriage in zimbabwe. A critical analysis of section 26 of the constitution of. An outline, or claire palley, the constitutional history and law of southern. A party to a proposed marriage within zimbabwe may, if the law of the country in which he is ordinarily resident does not require the publication of banns of marriage. Certificates as to consent and marriage consideration in marriages under marriage act. The proposed marriages bill, 2017 seeks to harmonise marriage laws in zimbabwe and bring the governance of marriages under a single act. Marriages bill, 2017 ministry of justice, legal and. The law to increase the legal age of marriage to 18 in zimbabwe will allow more girls to reach their potential. Marriage laws not in line with constitution the zimbabwean. This act may be cited as the customary marriages act chapter 5.
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