What is the difference between marriage and a civil partnership?

In Zimbabwe, a civil partnership can only be concluded between heterosexuals i.e. a man and a woman, both of whom must be above the age of eighteen (18) and not related to each other by affinity and / or consanguinity.

A civil partnership does not require registration nor solemnization. It does not take place in a church or other religious building, nor in a public office or home. Neither is there a particular formula, such as religious rites that is provided for in the Act concerning a civil partnership.

Another apparent difference between a civil partnership and a marriage, is that in the case of a civil partnership, the parties are not granted a marriage certificate and / or a certificate of registration of a customary law marriage, as there is no solemnization. Consequently parties to a civil partnership, do not sign any documentation before any witnesses and or marriage officer in a marriage register. Neither is a civil partnership recorded in a marriage register which is kept by the Registrar of Marriages.

A civil marriage is one which is conducted by a marriage officer, to whom objections may be directed. In terms of the Act, a marriage officer may be a magistrate, a traditional chief, the head of an embassy or a minister of religion who issues the parties with a marriage certificate and / or certificate of registration of a customary law union. These documents, it goes without saying that, serve as proof of the existence of a marriage. They also serves as change of name and status. Whereas, in the case of a civil partnership, the determination of the nature of the relationship can only take place after a lengthy period of time.

It is for this reason, that marriage is regarded as a formalized and legally recognized institution which in terms of which the parties to the marriage have equal right, duties and obligations toward one another. In Zimbabwe, a marriage can only be dissolved by the death of a spouse or by a decree of a competent court, such as the High Court. Whereas, a couple in a civil partnership can agree by consent to terminate their civil partnership without necessarily involving resorting to litigation.

The differences between marriage and a civil partnership were highlighted in Volks NO v Robison & Others 2005 (5) BCLR 446 (CC) para 154 as follows:

“By opting not to marry, thereby not accepting the legal responsibilities and entitlements that go with marriage, a person cannot complain if she is denied the legal benefits she would have had if she had married. Having chosen cohabitation rather than marriage, she has to bear the consequences. Just as the choice to marry is one of life's defining moments, so, it is contended, the choice not to marry must be a determinative feature of one's life.”