All marriages in Zimbabwe are automatically out of community of property. This basically means that the property acquired by a party is his/hers and may deal with the property as they deem fit. However, all property of the spouses during the subsistence of the marriage is subject to distribution upon divorce.
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What constitutes matrimonial property in Zimbabwe?
Though the issue for trial refers to matrimonial property, the proper term as per the above section is ‘assets of the spouses’.Such assets may belong to spouses in their individual capacity or jointly owned. The assets may have been acquired before or during the marriage.
Is customary marriage automatically in community of property?
What is a customary marriage? It is a marriage entered into between a man and a woman, negotiated and celebrated according to the prevailing customary law in their community.A monogamous customary marriage will automatically be in community of property, unless it is stipulated otherwise in an ante nuptial contract.
Is traditional marriage in community of property?
A customary marriage is deemed to be in community of property unless an antenuptial agreement is entered into before the marriage. According to the MPA, parties who wish to get married out of community of property must enter into an antenuptial contract prior to the civil marriage ceremony being concluded.
What is excluded from marriage in community of property?
Marriage Out of Community of Property
In terms of this contract, community of property and profit and loss are excluded. This means that there is no joining of estates and each spouse keeps his/her estate separate. However, the spouses can choose to either include or exclude the accrual system from their ANC.
How do you know if you married in community of property?
If you and your spouse are married in community of property, this means that you share a joint, undivided estate that is made up of your respective assets and liabilities, including those that accrued prior to the date of your marriage.
How many types of marriages are there in Zimbabwe?
three types
There are three types of marriages in the country: registered customary marriage which is potentially polygamous; civil marriage under the Marriage Act which is monogamous; and unregistered customary law unions which are recognized only for limited purposes such as maintenance of the child and inheritance.
Can customary marriage be out of community of property?
Customary Marriages and Community of Property
If the parties would like their marriage to be out of community of property they will have to enter into an ante-nuptial contract prior to getting married. If they want to change after they are already married they will have to apply to the High Court.
Is a polygamous marriage in community of property?
This is the reason why in most polygamous marriages we find that one spouse is married in community of property and the other spouse is married out of community of property.It is evident that a further customary marriage without a court-approved written contract influences one or both of the spouses negatively.
How does divorce work in community of property marriage?
When spouses are married in community of property, their assets are tied up in the joint estate and, when a court grants a decree of divorce, the assets must be divided.BY ANTENUPTIAL spouse retains his or her separate property and has complete freedom to deal with it.
Is traditional marriage legal?
Customary marriages are recognised as valid marriages in terms of the Recognition of Customary Marriages Act 120 of 1998 (“the Act”).This means that the marriage must be entered into in line with the traditions and customs of the parties. The parties who are getting married must be 18 years or older.
Why you shouldn’t get married in community of property?
Disadvantages of marriage in community of property
When you are the economically stronger spouse, you have to share your assets with your spouse. You are jointly liable for each other’s debts. This is particularly problematic on insolvency. The joint administration of the estate is rather complicated.
What happens when you divorce in community of property?
Married in Community of Property
When it comes to divorce, this will mean that you will have to divide all your assets and debts exactly in half.
What is the difference between married in community of property and out of community of property?
In an out of community of property marriage, there is no joining of the spouses’ estates into one joint estate, meaning that each spouse retains full control and contractual capacity of their estate which includes all assets and liabilities acquired both before and during the marriage.
What are the benefits of marrying out of community of property?
The advantage to being married out of community of property is that you have financial independence and are not liable for your spouse’s debts. When you marry out of community of property, the accrual system applies unless you specifically exclude it in your contract.
Does wife get everything when husband dies?
Many people are surprised to hear that a surviving spouse does not simply inherit everything from the deceased spouse.Joint property: Any asset that is titled to a husband and wife jointly, joint with right of survivorship (JWROS), or as tenants by the entirety, passes to the wife at the moment of husband’s death.
What causes divorce in Zimbabwe?
In Zimbabwe, such short-lived marriages even between the poor seem to be on the increase and are worrying. Whether rich or poor, there are many reasons which lead to divorce. Some women divorce their husbands due to poverty, other couples part ways because of infidelity, infertility while others just grow apart.
Can foreigners get married in Zimbabwe?
A Non Marriage Certificate from country of origin ( Confirmed by Embassy) A Clearance from Police (C.I.D) Zimbabwe and country of origin.Zimbabweans who want to marry Foreigners are also required to produce a Non –Marriage Certificate from the Registrar General’s Office.
What are the advantages of civil marriage?
The legal benefits of a civil marriage include protecting one another with:
- Support – being married obligates you to a duty of support to one another depending on each party’s needs.
- Maintenance – spousal maintenance can be claimed when a spouse dies from the deceased estate.
Does civil marriage override customary marriage?
Civil marriages are perceived to be legally stronger and to confer greater protection and rights than customary marriages. Thus, individuals may register a civil marriage, after concluding a customary marriage, to regulate the proprietary consequences of their marriage.
What is the difference between customary marriage and civil marriage?
What is a Customary Marriage?There exist certain requirements that must be complied with in order to conclude a valid customary marriage; while a civil marriage is seen as a marriage concluded between 2 parties, and must be monogamous in order to be valid, customary marriages differ as polygamy is permissible.
