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CHILD & FAMILY LAW.
What is a civil partnership in Zimbabwe?
In order to determine whether parties are in a civil partnership in terms of section 41 of the Marriages Act [Chapter 5:17], the High Court will consider the following criteria:
The duration of the relationship;
The nature and extent of the parties common residence;
Whether a sexual relationship exists;
The degree of financial dependence or interdependence, and any arrangements for financial support between the parties;
The ownership, use and acquisition of the parties property;
The degree of mutual commitment to a shared life;
The care and support of the children (if any); and
The reputation and public aspects of the relationship.
In the Marriage of Todd (No. 2) (1976) 25 FLR 260 at 262, the Honourable Watson J held that:
“What comprises the marital relationship for each other will vary. Marriage involves many elements some or all of which may be present in a particular marriage - elements such as dwelling under the same roof, sexual intercourse, mutual society and protection, recognition of the existence of the marriage by both spouses in public and private relationships.”
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