No suitcase; No driver’s license; but I own half of Olinda’s wealth – Stunner

No suitcase; No driver’s license; but I own half of Olinda’s wealth – Stunner

Stunner has said that he owns half of Olinda’s entire wealth.

Speaking to journo Ruvheneko Parirenyatwa Monday afternoon, Desmond Chideme said people should ignore Olinda Chapel’s statements that she purchased the phone he is using, because at the end of the day he owns half of Olinda’s wealth through his traditional marriage, SEE VIDEO.

But legal experts rubbish Stunner. Top lawyer Miriam Majome says, 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.

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]