Practical Considerations in Annulment of Marriage in Zimbabwe

Whether it is possible to apply for a contribution for costs in annulment of marriage proceedings in Zimbabwe?

Yes. In terms of the Matrimonial Causes Act [Chapter 5:13] it is permissible to file an application for a contribution towards the costs of an action for nullity of marriage in the High Court.

Whether parties to a void marriage in Zimbabwe can simply sign an agreement which states that there were never married?

Whilst marriage in Zimbabwe is defined as a sui generis contract by which two persons of the opposite sex, who are not only competent to marry generally but are also competent to marry each other, consent to marry each other in terms of a ceremony prescribed by law before a marriage officer, if a marriage is by law voidable, in terms of any grounds as recognized by the law, the parties cannot simply sign an agreement. There is need to file an action for the annulment of the marriage with the High Court.

If by law a marriage is voidable, can parties automatically contract into subsequent marriages?

No. The nullification of a marriage is declarator in nature and has to be made by a competent court. In Zimbabwe, a decree of annulment i.e., nullification of marriage would have to be rendered by the High Court before either of the parties can contract any subsequent marriage. In Mason v Mason [1944] NI 134 at 162 it was 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.”

Whether it is necessary to consult a lawyer concerning annulment of a marriage in Zimbabwe?

It is important for clients to seek legal advice before making any major decisions. Thus, it is important to seek legal advice before contracting a marriage. If, one is considering seeking annulment of their marriage in Zimbabwe, it is useful to first consult a qualified legal practitioner who can assist you on the rights and options available.