The different types of marriages in Zimbabwe

On the 27^th May 2022 the Marriages Act [Chapter 5:17] (‘the Act’) was enacted into law. The Act regulates all marriages in Zimbabwe. It recognizes essentially three types of marriages in Zimbabwe:

1. A civil marriage;

2. A customary law marriage;

3. Unregistered customary law union.

A civil marriage is monogamous, that is to say, it is the lawful union of two persons (one man and one woman) to the exclusion of all others and no person may contract any other marriage during the subsistence of a marriage under the general law. A customary law marriage, subject to the customary law of the people concerned, is one which may be polygamous or potentially polygamous. An unregistered customary law union is a marriage contracted solely according to the customary law and not solemnized in terms of the Act.

Both civil and customary law marriages registered in terms of the Act are equal. In terms of the Act, no person may be married under the general law and customary law at the same time. The parties to a registered customary law marriage in which the husband has no other existing spouse in polygamy may convert their marriage to a civil marriage.

It often does happen that parties can contract solely according to customary law and not solemnize their marriage in terms of the Act. It is now a requirement in terms of section 17 of the Act, that parties who contract unregistered customary law unions, register their marriages within 3 months of the date of the union. However, the failure to register a marriage contracted at customary law does not affect the validity of the marriage at customary law with respect to the status, guardianship, custody and the rights of succession of the children to such marriage.