How to File for an Annulment in Zimbabwe

Where does one file an action for annulment of marriage in Zimbabwe?

An action for annulment i.e., nullification of marriage in Zimbabwe is made to the High Court of the province or city where the petitioner or Defendant is residing.

What is the purpose of brining an action for the annulment of a marriage?

The purpose of bringing an action for the nullity of a marriage i.e., the nullification of a marriage, where the marriage is void ab initio, is to place the fact on record by a judgment in rem. see Ex Parte Oxton 1948 (1) SA 1011 (C).

Whether there is a timeframe to bring an application for annulment of a marriage in Zimbabwe?

There are no prescribed timeframes for instituting annulment proceedings of a marriage which is null and void in Zimbabwe. Resultantly, there can be no talk of delays in instituting a nullity action in Zimbabwe. If a marriage is void ab initio, it cannot be ratified even by any delays in instituting court proceedings before the High Court to have it declared so. Gardiner J in Wells v Dean Willocks 1924 CPD 89 at 92 held that:

“No lapse of time would operate as a ratification. The so – called marriage is absolutely void, it is no marriage at all.”

Who can file for an action for nullity of a marriage in Zimbabwe?

Either of the parties to the so – called marriage can apply for the nullification of the marriage, or any interested third person, ever after the death of the other can file an action for the nullification of a marriage in Zimbabwe. There is no definition of who an interested third part is, but it is anyone who has a real and substantial interest in a matter.

Thus, a nullity of a so-called marriage is absolutely void, and it may be relied upon by either of the parties, even after the death of the other, or by another interested third person, even after the death of both of them. see J Heaton, South African Family Law (3 ed) (LexisNexis 2010) at 36.

Can any Court in Zimbabwe grant an action for the annulment of a marriage?

In Zimbabwe only the High Court of Zimbabwe has the jurisdiction to grant a declaration of nullification of marriage. An order or decree of nullity of marriage which is granted by the High Court is retrospective: it is related back to the date of the marriage.

How are proceedings for annulment of a marriage brought in Zimbabwe?

Proceedings for the annulment of marriage are by way of action (i.e., summons) as opposed to motion (i.e., court application) for a declaratory of nullity of marriage in the High Court of Zimbabwe, unless there are special or exceptional circumstances.

The practical object of proceedings for nullification of marriage by way of action i.e., summons in Zimbabwe as in other countries, is that the High Court will be in a position to test the evidence of the plaintiff by oral examination, and by requiring corroboration where necessary.

Rule 61 of the High Court Rules, 2021 governs matters for divorce, judicial separation and nullity of marriage in Zimbabwe. Maxwell J in Gwenhure v Heka & Another HH 125-24 at page 3 held that:

“The first question to consider is whether or not the Applicant followed the correct procedure in this matter. I agree with the respondent that applicant ought to have approached the court through action procedure. The Matrimonial Causes Act [Chapter 5:13] was promulgated to amend the law relating to marriage, judicial separation and nullity of marriage and to provide for matters incidental thereto or connected therewith.”