What is Nullification of Marriage in Zimbabwe?

Annulment of Marriage in Zimbabwe

The Matrimonial Causes Act [Chapter 5:13] regulates issues concerning annulment of marriages in Zimbabwe. It is important to note that the term ‘annulment’ is not generally used in the Zimbabwean context, rather the term ‘nullification’ is used and refers to marriages which are ‘void’ or ‘voidable’.

As regards the incidents of marriage, a void marriage, being a nullity from the beginning, gives rise to no legal consequences of a marriage. In other words, incidents of marriage do not attach to such a marriage. See Ex parte Oxton 1948(1) SA 1011 at 1014. Furthermore, unlike a divorce, a decree of nullification i.e., annulment of a marriage is retrospective, it is related back to the date of the marriage.

What is marriage annulment?

Marriage annulment, which is known in Zimbabwe as nullification of marriage refers to the process of ending a purported marriage and declaring such marriage null and void. The effect of a decree of nullity is a declaration that the marriage was void ab initio. see B v S 1910 CPD 109.

Is there a difference between marriage annulment and divorce?

Yes, there is a difference between marriage annulment and divorce. Both annulment i.e., nullification of marriage and divorce are legal processes which are recognized by the Matrimonial Causes Act [Chapter 5:13] in Zimbabwe.

Divorce is a legal process which dissolves a legal marriage. Annulment on the other hand, is a legally recognized process which seeks to render a purported marriage as never having been legal or valid, and produces none of the legal consequences of marriage. No matrimonial property system operates as between the parties, the reciprocal duty of support does not operate between them, neither do es one inherit intestate from another if a marriage is nullified.

What law regulates annulment of marriages in Zimbabwe?

Section 13 of the Matrimonial Causes Act [Chapter 5:13] (‘the Act’) regulates issues concerning the nullification of marriages in Zimbabwe. In terms of section 13(1) of the Act, a marriage may be annulled i.e., nullified in Zimbabwe on the ground that:

1. (a) The marriage has not been consummated owing to the wilful refusal of the Defendant to consummate the marriage; or
2. (b) That either party of the marriage was at the time of the marriage mentally disordered or defective in the meaning of the Mental Health Act [Chapter 15:06].