Marriages Act 5:17

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  • Create Date November 17, 2024
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Marriages Act 5:17

The Zimbabwean Marriages Act (Chapter 5:17) is a new law that significantly impacts marriage laws in Zimbabwe. It repeals the previous Marriage Act and Customary Marriages Act, introducing a unified framework for various types of marriages.

Key Features of the New Act:

  • Recognition of Unregistered Customary Law Unions: Unregistered customary law unions are now recognized as marriages, albeit with limited legal protection.
  • Civil Partnerships: The Act introduces civil partnerships, providing a legal framework for same-sex relationships.
  • Qualified Civil Marriages: This type of marriage allows for a more flexible approach, with fewer formalities compared to traditional civil marriages.
  • Equal Treatment of Marriages: The Act aims to treat all types of marriages equally, regardless of whether they are civil, customary, or civil partnerships.
  • Registration of Marriages: All marriages, including unregistered customary law unions, must be registered within a specified timeframe.

Important Considerations:

  • Matrimonial Property Regime: The Act does not change the default matrimonial property regime, which remains out of community of property.
  • Polygamy: Polygamous marriages are still permitted under customary law, but certain conditions and procedures must be followed.
  • Legal Implications: The new Act has significant implications for property rights, inheritance, and other legal matters, especially for women and children.

It is advisable to consult with a legal professional to fully understand the implications of the new law and to ensure compliance with its provisions.