Frequently Asked Questions (FAQ) About Antenuptial Contracts in Zimbabwe

1. What is an antenuptial contract?

An antenuptial contract (also known as an antenuptial agreement or prenuptial agreement) is simply an agreement which is entered into by and between a spinster and a bachelor before they get married. The object of a prenuptial contract / antenuptial contract is to regulate the matrimonial property system between the parties and to exclude the normal legal consequences of marriage, particularly community of property, and to replace them with the consequences desired by the parties and which the law allows them to choose.

2. Does the law in Zimbabwe recognize antenuptial contracts?

Yes. The law in Zimbabwe has recognized antenuptial contracts for more than a century. The Antenuptial Contracts Act [Chapter 5:01] is the principal law which governs antenuptial contracts in Zimbabwe. Furthermore, the Married Persons Property Act [Chapter 5:12] provides that marriages in Zimbabwe are out of community of property.

3. Can a bachelor and a spinster enter into an antenuptial contract on their own?

In terms of the Antenuptial Contracts Act [Chapter 5:01], in order for an antenuptial contract to be legal and binding i.e., valid it must be in writing and contained in a notarial instrument which is drawn up by a Notary Public. Resultantly, bachelors and spinsters intending to enter into prenuptial / antenuptial contracts in Zimbabwe are required by law to ensure that their antenuptial contracts are executed by a duly registered Notary Public in Zimbabwe.

4. Is an antenuptial contract available to the public?

In terms of the Antenuptial Contacts Act [Chapter 5:01] all antenuptial contracts i.e., prenuptial contracts executed in Zimbabwe are required to be registered in a public register with the Deeds Registry. Resultantly, publicity of antenuptial contracts is required in Zimbabwe.

5. What are the requirements for a valid antenuptial contract in Zimbabwe?

No particular form of words is necessary to be included in an antenuptial contract in Zimbabwe. Neither does there appear to exist a standard antenuptial contract. It is important that antenuptial contracts be clear, unambiguous and carefully drafted so as to capture the clear intentions of the parties.
In terms of section 2 of the Married Persons Property Act [Chapter 5:12], an antenuptial contract is valid in Zimbabwe if:

• (a) It is signed in writing by the parties before the solemnization of their marriage.
• (b) It is signed in the presence of two persons, i.e., two witnesses.
• (c)It is drawn up in the form of a notarial instrument prepared by a Notary Public.
• (d) The marital domicile of the parties is Zimbabwe.
• (e) It is registered with the Registrar of Deeds in Zimbabwe within twenty-eight (28) days after its execution.
• (f) There is payment for the registration of the antenuptial contract.

6. What is a post-nuptial contract?

A post nuptial contract is a contract which is entered into between a husband and wife after the solemnization of the marriage embodying some or all of the conditions of an antenuptial contract. The headnote to the case of Ex Parte Millar et uxor 1911 SR 30 held that:
“Where parties had married with the intention of keeping their property separate and under the bona fide belief that a contract to that effect could be executed after marriage, the court permitted the execution of such contract.”

7. Does the law in Zimbabwe recognize postnuptial contracts?

This class of contract i.e., post nuptial contract is not recognized in Zimbabwe, where there is special legislation on the subject matter in the form of the Antenuptial Contracts Act [Chapter 5:01] as read with the Married Persons Property Act [Chapter 5:12] which provides that antenuptial contracts shall only be valid and binding if signed in writing by the parties before the solemnization of their marriage and not after.