Common myths surrounding marriage laws Part 1
A legal article by Ms. Miriam Tose Majome| Now where do we even begin with all those myths that fly around about marriage laws in Zimbabwe? Let’s deal with just three common ones:
Myth One. A civil marriage means that a married couple has to share all their property equally- the so called 50-50 principle.
Myth two: Entering into a pre-nuptial contract is the cleverest thing to do in order to safe guard your property from your greedy soon to be ex.
Myth Three which is my favourite: Chapter 5:11 (formerly Chapter 37) of the Marriage Act is the leading cause of death among healthy able bodied married men in this country. The mere act of wedding and signing the civil marriage register increases the ordinary man’s chances of dying mysteriously. There are no prizes for guessing at whose hands and why but his wealthy widow is soon spotted wining and dining away the inherited money and enjoying the house which he left with her relatives and of course her lovers.
Fact One. Marriage in Zimbabwe is out of community of property meaning no sharing
There is no such thing as the so called 50-50 marriage law in Zimbabwe. Marrying your way into money in this country is not as easy as you may think. The law changed to the present situation in 1929. An out of community of property marriage means that a couple does not own property together simply because they are married to each other. A husband or a wife can own property exclusively in his or her own name without sharing it or having to divide it with the other spouse. The same applies to debts and other legal acts that have consequences. A husband is not legally obliged to assume and pay his wife’s debts unless he had guaranteed the debt beforehand just like any other person. If the Mrs falls into legal troubles she has to face the music on her own and vice versa. There is no obligation for a spouse to be joined to their spouse’s legal matters. In our law everyone above 18 whether male or female is an adult and is deemed capable of handling their own affairs and is responsible for all the consequences. Our law unlike religious or traditional cultural laws and norms a wife is not under the control of her husband. Saudi Arabian, religious and cultural laws do not apply in our statutes. Married women just as their husbands can freely enter into their own contracts, sell their own property, enter into business deals, sue or be sued without their husbands’ permission.
But we were advised to share everything to be happy …
Yes indeed you may but that is just how the law is as far as movable and immovable property is concerned. Sharing property equally or sharing it at all is not at all automatic in a Zimbabwean marriage. You own and will continue to own what you brought in and will bring into the marriage during its subsistence. This remains in place unless you enter into a pre-nuptial agreement which we will discuss next week. If the marriage fails you will ideally not take out a penny more than you own. Do not take those entertaining and energetic wedding sermons by new age pastors too literally when they declare that a marriage means sharing everything equally. They have to say those things just to make the ladies in big floppy hats in the front row cry. And anyway if the bride or groom’s grandmother doesn’t weep beware because either the wedding or the grandmother is fake. As fairy tale like and as romantic the equality notion sounds the cold hard fact is that it is not part of our marriage law.
Next week we will continue exploring more myths and facts pertaining to marriage laws
Miriam Tose Majome is a lawyer and a teacher. She writes in her personal capacity and can be contacted on [email protected]
17 Replies to “Zimbabwe’s Shocking Marriage Laws – THE FACTS”
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You are very right, that is Zimbabwean education for you, They always fail to bring home the topic they started. A grade 12 pupil in Canada can right a better article than that. To learn in 2 countries always help to compare. Zimbabwean education leave a lot to be desired. So good at using big words and lack relevance or scope. I was always wondering since I came to Canada that why is it the economy of Canada is run by a Prime minister with a bachelor degree and it performs so perfect, MPs with bachelor degrees yet the constituency they represent are run perfect. Whereas in Zimbabwe we have 19 ministers with PhD’s and a president with 6 bachelors and 1 masters. They are failing to run an economy of a 350 900 SqKm country, 3 times smaller than the province of Ontario, and 2 times smaller that New York City. Then you question this, does Zimbabwean education really teach people something. I doubt that. Right now the prime minister of Canada is a teacher, with a Bachelor of Education (B.Ed) and Bachelor in English literature. If he was a Zimbabwean he will be a headmaster, yet he is running successfully a country. Canada is the world’s second largest country, behind Russia. Canada’s total area is 9,984,670 km2 .and has a total population of 33 000 000 people. Yet its economy is in top shape that most countries in the world without that much resources as Zimbabwe have.
You are very right, that is Zimbabwean education for you, They always fail to bring home the topic they started. A grade 12 pupil in Canada can right a better article than that. To learn in 2 countries always help to compare. Zimbabwean education leave a lot to be desired. So good at using big words and lack relevance or scope. I was always wondering since I came to Canada that why is it the economy of Canada is run by a Prime minister with a bachelor degree and it performs so perfect, MPs with bachelor degrees yet the constituency they represent are run perfect. Whereas in Zimbabwe we have 19 ministers with PhD’s and a president with 6 bachelors and 1 masters. They are failing to run an economy of a 350 900 SqKm country, 3 times smaller than the province of Ontario, and 2 times smaller that New York City. Then you question this, does Zimbabwean education really teach people something. I doubt that. Right now the prime minister of Canada is a teacher, with a Bachelor of Education (B.Ed) and Bachelor in English literature. If he was a Zimbabwean he will be a headmaster, yet he is running successfully a country. Canada is the world’s second largest country, behind Russia. Canada’s total area is 9,984,670 km2 .and has a total population of 33 000 000 people. Yet its economy is in top shape that most countries in the world without that much resources as Zimbabwe have.
Mhunu akati I confused that means he is sick? Which world do you reside in man where everyone understand things at the same time.
Mhunu akati I confused that means he is sick? Which world do you reside in man where everyone understand things at the same time.
We need more of these legal matters that concern us as a society
We need more of these legal matters that concern us as a society
true TETE FARI
true TETE FARI
You are confused Mukanya. You have been told the law. The law is the law
You get married without a house. After marriage you buy a house being paid for by the husband who is earning more money. All the documentation is in the name of the husband who is the bond holder. Surely when you get divorced, you should share rather than the wife just walking away with nothing.
You get married without a house. After marriage you buy a house being paid for by the husband who is earning more money. All the documentation is in the name of the husband who is the bond holder. Surely when you get divorced, you should share rather than the wife just walking away with nothing.
Can you specify where you are getting confused. The article is quite clear in as far as it clears the myth that you share everything 50;50 once you get married. You will only get what you brought in. You enter into contracts as individuals and not necessarily as a couple. That is quite clear
Can you specify where you are getting confused. The article is quite clear in as far as it clears the myth that you share everything 50;50 once you get married. You will only get what you brought in. You enter into contracts as individuals and not necessarily as a couple. That is quite clear
One of the best articles ever on Legal issues!!
What si confusing you iwe Mukanya? Unorwara chete iwe!!!
This is a very confused article, to say the least. The author fails to clearly articulate the so called MYTHS and provide what the applicable situation is.
This is a very confused article, to say the least. The author fails to clearly articulate the so called MYTHS and provide what the applicable situation is.