Is customary marriage Recognised in Zimbabwe?
Zimbabwe has a dual legal system, where customary law co-exists with general law. … Customary marriages that are not solemnised in terms of the Customary Marriages Act are not recognised in terms of general law and only valid and recognised at customary law.
Is unregistered customary marriage valid?
The short answer is NO: Failure to register a customary marriage does not affect the validity of that marriage. The Recognition of Customary Marriages Act 120 of 1998 (the Act) sets out the requirements for a valid customary marriage concluded before or after 15 November 2000, when the act commenced.
What validates a customary marriage?
In terms of Section 3(1) of the Act, in order for a customary marriage to be valid, it has to be entered into by a man and woman over the age of 18 years who have the intention of getting married under Customary Law, and the marriage must be negotiated and entered into or celebrated in accordance with Customary Law.
Are customary marriages in community of property?
Section 7(1) of the Act indicates that the proprietary consequences of a customary marriage entered into before the commencement of the Act would continue to be governed by customary law, and s 7(2) provides that a monogamous marriage entered into after the commencement of the Act will be classified as a marriage in …
What is the meaning of customary marriage?
By definition, a customary marriage is a union that is negotiated, celebrated and concluded in terms of indigenous African customary law. … Often, the wedding celebrations don’t take place for a while after the lobola negotiations and payment has been settled (in part or full).
Is lobola legally binding?
“By merely paying or receiving lobola in full without the requisite celebration, the marriage is not concluded in accordance with customary law, and therefore considered invalid,” says Manyike.
When must a customary marriage be registered?
Customary marriages must be registered within three months of taking place. This can be done at any office of the Department of Home Affairs or through a designated traditional leader in areas where there are no Home Affairs offices.
Can I register my customary marriage without my husband?
Although the Recognition of Customary Marriages Act does not require both spouses to be present for registration of the customary marriage, in practice Home Affairs insists on this requirement. This means that in practice a woman often cannot register her customary marriage after her husband has already died.
Who can apply to register a customary marriage?
To register a customary marriage, a couple must go to an office of the Department of Home Affairs. At least one witness for each of the partners, or a representative from each of the families must also be present.
How do you nullify a customary marriage?
Dissolution of marriage in terms of the Act
Section 8(1) provides that a customary marriage ‘may only be dissolved by a court by a decree of divorce on the ground of the irretrievable breakdown of the marriage’.
What is the difference between civil marriage and customary 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.
What is the difference between customary marriage and statutory marriage?
Statutory law provides for the sharing of property between husband and wife and the maintenance of either spouse upon divorce. … However, customary law denies women any rights to family property or maintenance upon dissolution of marriage (14).
How is customary marriage performed?
The specific customary rites that are followed vary from group to group, although in virtually all cases customary marriage involves a gathering at which the bridegroom’s family makes payment of a bride-price to the bride’s family, followed by the bride being asked if she will accept the bridegroom as her husband.