Grounds and Legal Requirements for Annulment in Zimbabwe

What are the grounds for a decree of nullity of a marriage in Zimbabwe?

Grounds for a decree of nullity of a marriage in Zimbabwe fall into two classes, viz: (1) those which render the marriage null and void ab inito, in which case no marriage ever subsisted at all, and (2) those which make a marriage voidable only, so that the parties remain validly married unless and until the Court grants a decree of nullity.

For instance, if one of the parties to a marriage was already married to someone else at the date of the marriage, this is a ground for nullification of the marriage in Zimbabwe, and the incidents of marriage do not attach to such a marriage and the wife retains her own domicile. See Wells v Dean – Wilcocks 1924 CPD 89.

What are the marriage annulment requirements in Zimbabwe?

According to leading scholar, Welshman Ncube, Family Law in Zimbabwe (Legal Resources Foundation, 1989) at 72 there are two annulment grounds in Zimbabwe, namely, those which render marriage null and void ab initio and those which render a marriage only voidable.

A marriage may be annulled i.e., nullified in Zimbabwe and deemed void in any of the following circumstances:

1. (a) Where there was a failure to comply with prescribed formalities;
2. (b) Where the marriage is solemnised by someone who is not a competent marriage officer;
3. (c) Lack of at least two witnesses above the age of eighteen years are present at the marriage;
4. (d) Where persons of the same sex marry each other;
5. (e) Where either or both of the persons contract the marriage by proxy i.e., through a representative
6. (f) In cases of bigamy where one or both of the parties were already married to another person;
7. (g) Where one or both parties are below the legal age of majority;
8. (h) Where one party has consent to the marriage either as a result of mistake as to the nature of the marriage ceremony or as to the identity of the other party;
9. (i) Where one or both parties are insane or mentally disordered at the time of the marriage;
10. (j) Where the parties are related to each other within the prohibited degrees of relationship.

Can a marriage be nullified in Zimbabwe owing to non-consummation?

Yes. In terms of section 13(1) of the Matrimonial Causes Act [Chapter 5:13] a marriage in Zimbabwe can be nullified for failure to consummate the marriage. It is quite clear from the law, that non-consummation must be based on certain grounds, common of theses are wilful refusal not at the fault of the Plaintiff, but by the Defendant.

Are there examples where the Courts in Zimbabwe have annulled marriages for failure to consummate?

Yes. The courts in Zimbabwe have determined numerous cases concerning annulment, and have nullified marriages for failure to consummate the marriage. Some of the leading cases include, but are not limited to:

1. (a) C v C 1954 (2) SA 274 (SR);
2. (b) G v G 1956 R& N 333; 1956 (3) SA 698 (SR).