<> ARRANGEMENT OF SECTIONS. Divorce cases under Chapter 5:07 … place in or in the immediate vicinity of the ordinary place of worship of the congregation concerned. shall be void or voidable as a marriage between persons within a prohibited degree of affinity. the potentially polygamous marriage must produce a copy of their marriage certificate with their late spouse … (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 … Short title. of such banns or such notice, as the case may be, was duly made according to the law of such country. 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. [�%.ك�~Q������j�h��� X��#��Ln�; ��f8D�/�f2(I`�(���#��f��I������;"�vT�An�7~я�@�=�͐�m�N��74�G�u�}�i This Act may be cited as the Marriage Act. Time and place for, and presence of parties and witnesses at, solemnization of 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. stream The court heard that Maridza and Mr Chivandire wedded under Chapter 5.11 of the Marriage Act which prohibits a man or a woman from marrying more than one spouse. This Marriages Bill, 2019, repeals and replaces the current Customary Marriages Act [Chapter 5:07] and the Marriage Act [Chapter 5:11]. Application No. 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. Prohibition of marriage of persons under certain ages. Marriage Act.pdf (177.00 KB, 31.2K views) Also In This Category. There are two factors that must be proved in an adultery claim. 32. be, and such magistrate shall take steps to cancel the marriage licence. Bulawayo's most popular daily newspaper. There are three recognized types of marriages in Zimbabwe, that is:-Civil union marriages contracted in terms of the Marriage Act [Chapter 5:11]. proof of age of the party concerned and with such other requirement as may be necessary under section twenty or twenty-two. 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 spouses are also not liable for each other’s debts unless the debt is acquired jointly. PART I. 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. 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. 23 Proof of age of parties to proposed marriage, If parties appear before a marriage officer for the purpose of contracting a marriage with each other and such marriage officer suspects that either of them is of an age, which debars him or her from contracting a valid marriage, he shall refuse to solemnize a marriage between them unless he is furnished, to his satisfaction, with. (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. 24 Legality of marriages between persons within certain degrees of affinity, “spouse” means a former spouse, whether living or dead. (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. prescribed fee, if any, issue to them a marriage licence in the prescribed form. 78 and 79); RGN 27/1963, SI 816/1981. It repeals Chapter 22 of the Marriages Act, which had allowed child marriages. requirement the consent of a judge is necessary and has been granted. 4. Certificate of publication of notice of intention to marry. (3) No person shall, under this Act, be capable of contracting a valid marriage through any other person acting as his representative. 17 Period of validity of banns, notice of intention to marry and marriage licence, (1) Unless a marriage is solemnized in pursuance of banns of marriage or notice of intention to marry published, or a marriage licence issued, under this Act within three, months of the first date of publication of such banns or notice or the date of issue of. 3 0 obj endobj Proof of age of parties to proposed marriage. Dzvova v Minister of Education Sports and Culture and Others (91/06) ((91/06)) [2007] ZWSC 26 (09 October 2007); Sango v Trustees, Anglican Diocese of Manicaland, Church of the Province of Central Africa & Others; Dumbura v Trustees, Anglican Diocese of Manicaland, Church of the Province of Central Africa & 2 Others (CCZ 1/18, Constitutional Application Nos. -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. Unauthorized solemnization of marriage ceremonies forbidden. (2) If a religious denomination or organization in such circumstances as are contemplated in subsection (1) changes the name whereby it was known or. Short title. (3) Nothing in this Act contained shall be construed as compelling any minister of religion to accept and publish any banns of marriage. (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. (2) 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, or of notice of intention to marry, lodge with the marriage officer concerned a certificate issued by an appropriate authority in that country to the effect that there is, no impediment to the proposed marriage, and such certificate shall be accepted by the. (2) Section seventeen shall apply, mutatis mutandis, with reference to any banns or notice referred to in subsection (1). preceding the date of the receipt of such application. 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. (2) An application in terms of subsection (1) shall—, (3) If the magistrate to whom such application is made is satisfied that the applicant has resided in the district in respect of which the magistrate holds office, for a period, of at least fourteen days immediately preceding the date of the receipt of the application, he shall publish such notice by posting it in a conspicuous place in or in. ACT To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. 17. 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. 2. licence which has lapsed by virtue of subsection (1). (d) a marriage licence has been issued. Zimbabwe recognizes two types of divorces, the simple or uncontested divorce and the opposed or contested divorce. A marriage contracted in terms of the Marriage Act [Chapter 5:11] (once known as the Chapter 37 marriage). 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 … A widow or widower intending to get married in terms of the Customary Marriages Act (Chapter 5:07) i.e. The term monogamy is used to describe an exclusive union between no more than two people. 2. 13 Publication outside Zimbabwe of banns or notice of intention to marry, (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. Plaintiff must also prove on a balance of probabilities that defendant knew of the existence of plaintiff’s a marriage. Incidence. 27. CHAPTER 5:11 MARRIAGE ACT SIMPLIFIED ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Publication of banns or notice of intention to marry or issue of marriage licence before marriage. amalgamates with any other religious denomination or organization, it shall immediately inform the Minister thereof. 23. The type of marriage recognised in this section of the act is universally described as a civil union marriage or monogamous union. 13. 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: 35. -, 2. ss 00-00 CONSTITUTION OF ZIMBABWE 1 CHAPTER 5:12 MARRIED PERSONS PROPERTY ACT Acts 10/1928, 10/1959 (ss. In terms of the Customary Marriages Act Chapter 5:07 (it used to be known as Chapter 238), a man may marry more than one wife legally. For legal aid to be granted the following tests must be satisfied: We must forge ahead with meeting the aspirations of Agenda 2063.. 5.9 Divorce and nullity of marriage. In solemnizing any marriage the marriage officer, if he is a minister of religion, may follow the rites usually observed by his religious denomination or organization, but if, he is any other marriage officer he shall cause each of the parties in some part of the proceedings to make the following declaration—, “I do solemnly declare that I know not of any lawful impediment why, I, A.B., may not be joined in matrimony to C.D., here present.”, and each of the parties shall say to the other—. (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 … No other marriage can be contracted by a person during the subsistence of a monogamous marriage. THE Bill merges all marriage laws into one Act. Penalty for failure to comply with section 31. 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. Legal aid is available for a court application relating to divorce or nullity of marriage. 34. (3) If the principal public divine service of a denomination or organization is held weekly on a day other than a Sunday, publication of banns in terms of paragraph (a), of subsection (2) may be made during such a service on such day instead of on a, 12 Certificate of publication of banns, (1) Subject to section nineteen, a minister of religion shall, on the application of either of the persons desiring to marry and after banns of marriage have been. 15. 1. 1 Short title This Act may be cited as the Married Persons Property Act [Chapter 5:12]. 18. 1 0 obj x��ZYo�F~����a�����7�c+^xe�R��`itxaK�m�H~�V�AVsXlJ ��12�S]]���UE�rx�[�\�Y%���]S))d_}�8��������������S�����0��o�c�P�����8�3�z:�E2ň����� �Rq��e�l'E�,aܜl�,ɆT��l��>T8Of�-.��e������^~�������i�{'�K�#�f�uS��0�d�g�,���Nd��ˊ�S)���6�M�ټ�7aT1�Z9�U�k��"�?km7Oj�7o�?/j�½��� �퀥���S�s�5rsR�6��^ڼ�_�����_y.��ZN:�+���MI� S �A�Έ>�zRk�d��_���� ŶA]�8>Ehe�y��V}��p�/���108a���I��z) �-����q�(w��������9v��� o�a��۽�n;��� Certificate of publication of banns. It also seeks to … This occurs in the following circumstances: (i) Whilst married to B under Chapter 5:11 and the marriage has not been legally dissolved, B enters into another marriage with C, whether under Chapter 5:07 or through paying lobola or by entering into another Chapter 5:11 marriage. 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 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. ], 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. Marriage Act.pdf (177.00 KB, 31.2K views) Also In This Category. delivered to the marriage officer in respect of the marriage. (1) Parties desiring to marry without the publication of banns or notice of intention to marry may personally apply to a magistrate for a licence to marry without the publication of banns or notice to marry. (i) is required to issue a certificate in terms of section twelve or fifteen; (ii) is to solemnize the marriage; or, (b) the magistrate who has issued a marriage licence in terms of section, such marriage officer or magistrate, as the case may be, shall inquire into the ground of objection and, if satisfied that there is no lawful impediment to the proposed. 27 Certain marriage officers may refuse to solemnize certain marriages, Nothing contained in this Act shall be construed as compelling a marriage officer who is—, (a) a minister of religion, to solemnize a marriage which would not, conform to the rites or discipline of his religious denomination or organization; or. 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: endobj 7 Revocation of designation as marriage officer, (1) The Minister may, on the ground of misconduct or for any other good cause, and where possible after consultation with the authority governing the religious, denomination or organization concerned, revoke in writing the designation of any, (2) Where a minister of religion severs his connection with any religious denomination or organization in respect of which he was appointed a marriage, officer, he shall forthwith cease to be a marriage officer. 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