CHILD & FAMILY LAW.

Certificate of no impediment in Zimbabwe.

WHAT IS A CERTIFICATE OF NO IMPEDIMENT?

A certificate of no impediment is also known as a certificate of no marriage. This certificate is a confirmation of a person’s marital status where a Zimbabwean national intends to marry to marry outside the country.

HOW THE CERTIFICATE IS ACQUIRED

In terms of section 42(3) of the Marriage Act (Chapter 5:15) where a Zimbabwean wishes to marry abroad, they must apply to the Registrar of Marriages for a certificate of no impediment. Upon receiving the application the Registrar of Marriages makes whatever searches or inquiries he or she considers necessary to determine the marital status of the applicant. The rationale behind the searches or inquiries by the Registrar of Marriages is to determine whether there is any lawful impediment to the intended marriage. Where there is no impediment to the intended marriage the Registrar of Marriages will issue a certificate of non-marriage or a certificate of no impediment.

REQUIREMENTS FOR THE CERTIFICATE OF IMPEDIMENT

In terms of section 42(3) of the Marriage Act (Chapter 5:15) where a Zimbabwean wishes to marry abroad, they must apply to the Registrar of Marriages for a certificate of no impediment. Upon receiving the application the Registrar of Marriages makes whatever searches or inquiries he or she considers necessary to determine the marital status of the applicant. The rationale behind the searches or inquiries by the Registrar of Marriages is to determine whether there is any lawful impediment to the intended marriage. Where there is no impediment to the intended marriage the Registrar of Marriages will issue a certificate of non-marriage or a certificate of no impediment.

-Original birth certificate

-A copy of information page of the applicant’s passport

-Passport page that was last stamped by the Zimbabwean Immigration

-Divorce order (where applicant is a divorcee)

-A letter bearing the applicant’s physical address and addressed to the Registrar of Marriages applying    for the issuance of certificate of no marriage.

-Where the certificate will be collected by an agent, the applicant must in their letter to the Registrar of  Marriages give the full names and National identity number of the person who will collect the  certificate on their behalf.

-Receipt issued by the Zimbabwean Embassy in the country where the applicant will be applying from.  Upon stamping the documents, the embassy will issue the applicant with a receipt.

-Payment of the prescribed fee

-All copies must be stamped by the Zimbabwean Embassy in the country where the applicant will be  applying from .

DURATION OF THE CERTIFICATE

A certificate of no impediment is valid for a period of six months from the date of issue. This means that the certificate expires six months after its issuance. The certificate cannot be used after the said period.

SIGNIFICANCE OF THE CERTIFICATE OF NO IMPEDIMENT

By issuing the certificate of no impediment, the Registrar of Marriages will be certifying that the applicant is single and that they can lawfully proceed with their marriage abroad.

WHY THE CERTIFICATE OF NO IMPEDIMENT?

-It protects foreigners wishing to marry Zimbabwean nationals abroad from the embarrassment of   “marrying” someone who may already be married.

-It gives foreigners wishing to marry Zimbabweans peace of mind when they know that there is no   impediment to the marriage.

-Authorities abroad conducting marriages involving Zimbabwean nationals will be satisfied that they can   lawfully conduct the marriages.

-It confirms one’s marital status

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