Zimbabwe
Marriages Act, 2022
Chapter 5:15
- Published in Zimbabwean Government Gazette no. 58 on 27 May 2022
- Not commenced
- [This is the version of this document from 27 May 2022.]
Part I – Preliminary
1. Short title and date of commencement
2. Interpretation
In this Act—"betrothal" means the promising in marriage or the engagement for the purpose of marriage and includes any coerced act intended to lead to or result in marriage;"civil marriage" means a marriage contracted under the general law;"Chief" means a Chief referred to in Chapter 15 of the Constitution;"child" means a person under the age of eighteen years;"civil partnership" means the relationship referred to in section 41;"Criminal Law Code" means the Criminal Law (Codification and Reform) Act [Chapter 9:23];"customary law" means the customary law of any section or community of Zimbabwe’s people;"customary law marriage" means a marriage solemnised in accordance with customary law;"general law" means the law of Zimbabwe other than customary law;"identity document" means—(a)a document issued to a person in terms of section 7(1) or (2) of the National Registration Act [Chapter 10:17] or a passport or drivers licence issued by or on behalf of the Government of Zimbabwe; or(b)any visitors entry certificate or other certificate or permit issued to a person in terms of the Immigration Act [Chapter 4:02], or in terms of any enactment relating to refugees; or(c)any passport, identity document or drivers licence issued by a foreign government;"magistrate" means any magistrate appointed in terms of the Magistrates Court Act [Chapter 7:10];"marriage" means a marriage solemnised, registered or recognised as such in terms of this Act;"marriage consideration" means the consideration, by whatever name known at customary law, given or to be given by any person in respect of a marriage in terms of customary law, whether such marriage is contracted according to customary law or the general law;"marriage licence" means a licence to marry issued in terms of section 25;"marriage officer" in relation to—(a)a customary law marriage, means a magistrate, minister of religion or a Chief;(b)a civil marriage, means a magistrate or minister of religion;"Minister" means the Minister responsible for justice or any other Minister to whom the President may, from time to time, assign the administration of this Act;"minister of religion" means a person designated and registered as a marriage officer in terms of section 11;"prior law" means any law in force immediately before the date of commencement of this Act under which marriages were solemnised;"Registrar" means the Registrar of Marriages referred to in section 35.Part II – General provisions as to marriage
3. Minimum age of marriage
4. Consent to marriage
A marriage shall not be solemnised or registered in terms of this Act unless each party to the marriage has given his or her free and full consent to the marriage.5. Nature of marriages
6. Legal status of spouses
Parties to any marriage have equal rights and obligations during the subsistence, and at dissolution, of the marriage.7. Legality of marriages between persons within certain degrees of affinity or consanguinity
Part III – Marriage officers
8. Magistrate to be marriage officer for district
Every magistrate shall, by virtue of his or her office and so long as he or she holds such office, be a marriage officer for the district in which he or she holds office.9. Chief to be marriage officer for customary law marriages
10. Heads of embassies, etc., as marriage officers
Every head of an embassy of Zimbabwe in a foreign State or territory or of a diplomatic or consular mission in a foreign State or territory shall, by virtue of his or her office and so long as he or she bolds such office, be a marriage officer while on duty at that embassy or mission, and shall exercise the duties of a marriage officer subject to such conditions (including the condition that one of the parties to a proposed marriage must be a Zimbabwean citizen or permanent resident), as the Minister shall prescribe.11. Designation of ministers of religion and other persons as marriage officers
12. Certain persons may in certain circumstances be deemed to have been marriage officers
13. Change of name of religious denomination or organisation and amalgamation of religious denominations or organisations
14. Revocation of designation as marriage officer
15. Unauthorised solemnisation of marriage ceremonies forbidden
Part IV – Solemnisation of customary law marriages; Unregistered customary law marriages
16. Solemnisation of customary law marriages
17. Unregistered customary law unions
Part V – Publication, notice of intention to marry, marriage licence and solemnisation of civil marriages
18. Publication of banns or notice of intention to marry or issue of marriage licence before marriage
19. Application for publication and acceptance of banns
20. How publication of banns of marriage to be made
21. Certificate of publication of banns
22. Publication outside Zimbabwe of banns or notice of intention to marry
23. Notice of intention to marry
24. Certificate of publication of notice of intention to marry
25. Marriage licence
26. Period of validity of banns, notice of intention to marry and marriage licence
27. Informalities in publication of banns or notice of intention to marry or in issue of marriage licence
Where the provisions of this Act relating to the publication of banns or notice of intention to marry or to the issue of a marriage licence, or the applicable provisions of any law of a country outside Zimbabwe relating to the publication of banns or notice of intention to marry, have not been strictly complied with by reason of an error, omission or oversight on the part of any person responsible for such publication or such issue. that marriage shall, if there is no other lawful impediment thereto, be as valid as it would have been if those provisions had been strictly complied with.Part VI – Provisions applicable to all marriages
28. Objections to marriage
29. Proof of age and identity of parties to proposed marriage
A marriage officer shall not solemnise a marriage and a Registrar shall not register a marriage unless he or she has satisfied himself or herself as to the age and identity of the parties and for that purpose, each party shall furnish to the marriage officer or the Registrar, as the case may be, an appropriate identity document as proof of his or her age and identity.30. Time and place for, and presence of parties and witnesses at, solemnisation of marriage
31. Marriage formula
In solemnising any marriage the marriage officer, if he or she is a minister of religion, may follow the rites usually observed by his or her religious denomination or organisation, but any other marriage officer shall cause each of the parties in some part of the proceedings to make the following declaration—"I do solely declare that I know not of any lawful impediment why I, A.B., may not be joined in matrimony to C.D., here present."and each of the parties shall say to the other—"I call upon these persons here present to witness that I, A.B., do take C.D., to be my lawful wedded wife (or husband)."32. Certain marriage officers may refuse to solemnise certain marriages
Nothing contained in this Act shall be construed as compelling a marriage officer who is—33. Payments to marriage officers
It shall not be lawful for any marriage officer to demand or receive any gift or reward for or by reason of anything done or to be done by him or her as a marriage officer in terms of this Act.34. Blessing of a marriage
Part VII – Registration of marriages
35. Registrar of Marriages
For the purpose of performing the functions assigned to him or her by this Act, there shall be a Registrar of Marriages whose office shall be a public office and shall form part of the Public Service.36. Register of marriages
37. Registration of marriages by Registrar
38. Correction of errors
Part VIII – Offences and miscellaneous provisions
39. Penalty for failure to comply with section 36
Any marriage officer who knowingly fails to comply with section 36 shall be guilty of an offence and liable to a fine not exceeding level 5 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.40. Penalties for solemnising marriage contrary to this Act and for false representation or statement
Any marriage officer who knowingly solemnises a marriage in contravention of this Act or any person who makes, for any of the purposes of this Act, any false representation or false statement knowing it to be false, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.41. Civil partnerships
42. Certificate of no impediment to marriage
43. Recognition of marriages of foreigners
44. Application of Act to certain marriages other than civil or customary marriages
45. Dissolution of marriage
Subject to this Act, no marriage solemnised or registered or deemed to be solemnised or registered in terms of this Act shall be dissolved except by order of court of competent jurisdiction in terms of the Matrimonial Causes Act [Chapter 5:13].46. Regulations
47. Repeals, savings and transitional provisions
48. Amendment of section 2 of Cap. 5:05
The Child Abduction Act [Chapter 5:05] is amended in section 2 ("interpretation") by the repeal of the definition of "child" and the substitution of—"child", notwithstanding Article 4 of the Convention, means a person under the age of eighteen years;",49. Amendment of sections 2 and 47 of Cap. 5:06
The Children's Act [Chapter 5:06] is amended—50. Amendment of section 4 of Cap. 5:08
The Guardianship of Minors Act [Chapter 5:08] is amended in section 4 (Guardianship and custody of minors), by the deletion from subsection (1) of "which shall include the power to consent to a marriage".51. Amendment of section 11 of Cap. 5:09
The Maintenance Act [Chapter 5:09] is amended in section 11 (Termination order), in subsection (1), by the repeal of paragraph (c).52. Amendment of section 8 of Cap. 5:13
The Matrimonial Causes Act [Chapter 5:13] is amended in section 8 (Duration of maintenance orders), in subsection (2), by the deletion from paragraph (a) of "or marries".53. Amendment of section 15 of Cap. 8:07
The General Law Amendment Act [Chapter 8:07] is amended in section 15 (Reduction of age of majority from 21 to 18), by the repeal of subsection (5).54. Amendment of Cap. 9:23
History of this document
27 May 2022 this version
Published in
Zimbabwean Government Gazette number 58