All legally recognised marriages in Zimbabwe now carry equal legal status under the country’s new Marriages Act, in a move authorities say is designed to strengthen protections for spouses and reduce disputes over marriage, inheritance and divorce.
The changes were outlined during a public awareness meeting in Mthwakazi, Filabusi, on Thursday, where the Ministry of Justice, Legal and Parliamentary Affairs unpacked key provisions of the law.
Presenting at the meeting, Ivy Mene said the Act recognises three types of marriages — civil, customary and qualified civil marriages — while also providing for civil partnerships and the registration of previously unregistered unions.
Mene said a civil marriage is a union between two people aged 18 and above and is strictly monogamous.
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She warned that entering another marriage while still in a civil union constitutes bigamy, which is a criminal offence.
“This type of marriage does not allow you to enter into another marriage or else you will be charged with bigamy,” she said.
Explaining customary marriages, Ms Mene said these are rooted in cultural practices and require the payment of lobola as well as formal registration for full legal recognition.
Unlike civil marriages, customary unions may permit polygamy, with a man allowed to marry up to four wives under certain circumstances. Such marriages may be solemnised by chiefs, pastors or magistrates.
Mene said the Act also recognises qualified civil marriages, which are faith-based and may allow polygamy.
“It is faith-based and it allows polygamy,” she said, adding that couples must have been in a relationship for at least 12 months to qualify.
The Ministry also highlighted changes affecting unregistered customary law unions, saying such relationships must now be formalised within three months.
Mene said the previous 12-month grace period had been reduced to ensure partners are better protected in the event of death, separation or disputes over property.
“The law used to give people 12 months but now it’s three months. No one should be at a disadvantage in case of death or separation,” she said.
She added that the law still allows spouses to claim adultery damages against a third party involved in an extramarital affair.
“If you are married and your spouse loves someone else, you can claim adultery damages against that person,” she said.
Mene also stressed that divorce must be processed through the courts and cannot be conducted informally.
“If the marriage ends, all these matters are settled in court, not over a WhatsApp message or voice note,” she said.
Under Zimbabwe’s Matrimonial Causes Act, grounds for divorce include irretrievable breakdown of marriage, separation for at least 12 months, imprisonment, adultery, cruelty, substance abuse, and mental illness or prolonged unconsciousness.
The Ministry said the reforms are intended to modernise Zimbabwe’s marriage laws while ensuring stronger legal protection for spouses across all recognised unions.
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