Antenuptial Contracts Act
- Commenced on 10 June 1891
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
1. Short titleThis Act may be cited as the Antenuptial Contracts Act [Chapter 5:01].
2. InterpretationIn this Act—“creditors” includes persons to whom any insolvent spouse, together with any co-partner or other person, is jointly indebted as well as persons to whom such spouse is singly and alone indebted:Provided that—(i)nothing in this Act contained shall alter or affect the ranking as between themselves of the creditors upon joint estates and separate estates as provided for in section 62 of the Insolvency Act [Chapter 6:04];(ii)as often as the separate estate of any such spouse as aforesaid, and the estate of any company or co-partnership of which such spouse is a partner, are concurrently under administration as insolvent, and the trustee of the separate estate and the trustee of the joint estate do not agree between themselves as to which of them will institute such legal proceedings as may have become necessary in reference to any such antenuptial contract as aforesaid, it shall be lawful for the High Court to decide upon application which of the two trustees shall institute such proceedings.
3. No antenuptial contract valid unless registered and copies filed in Deeds Registry
4. Premiums on life policy of insolvent settled under antenuptial contract on spouse not to fall under Chapter 6:04When by any antenuptial contract which, if executed after the 10th June, 1891, has been registered and has had a duplicate or notarial copy thereof deposited in terms of this Act, one of the intended spouses has covenanted and agreed for the benefit of the other spouse, or the children of their marriage, or of the descendants of any such children, or upon or for the benefit of such other spouse and of such children and descendants, to effect a policy of assurance upon the life of either of the intended spouses or to cede and assign over some such policy effected before then, and in either case to pay the annual premiums to become due upon such policy, then if the estate of the spouse who so covenanted and agreed becomes sequestrated as insolvent, no payment of such premiums made by such spouse shall be deemed or taken to fall under or come within section 40 or 43 of the Insolvency Act [Chapter 6:04].
5. RegistrationEvery antenuptial contract executed in Zimbabwe shall be tendered for registration within the space of twenty-eight days next after the day of the execution thereof—
6. No contract except notarial contracts to be registered unless executed beyond Zimbabwe
7. Act not to affect position of woman married in partial community
8. Act not to affect contracts fraudulently madeNothing in this Act shall protect or make effectual any antenuptial contract or any provision in any antenuptial contract which would, by reason of some fraud thereby perpetrated or attempted, have been void or voidable by law if this Act had not been passed.
History of this document
10 June 1891