Newsletter No. 4
Zim Law (Diaspora Edition)
GETTING MARRIED IN ZIMBABWE – THE REQUIREMENTS
The Zimbabwe Constitution does not bar marriage of a Zimbabwean to a non-Zimbabwean. There are however some requirements which the foreign national must satisfy. These are:
- The production of a non-marriage certificate or non-impediment letter from his or her country of origin.
- A police report and classified fingerprints from his or her country of origin.
- Clearance from Zimbabwe’s Immigration Department.
- Clearance from Zimbabwe Republic Police.
The idea behind the aforesaid requirement is to protect Zimbabweans from marrying foreigners who are already married in their home countries or who are criminals. In the past many Zimbabweans especially women have been taken advantage of by married foreigners who duped them into marrying them so that they could gain local citizenship.
A divorcee wanting to re-marry must produce their divorce order. A widow or widower intending to get married in terms of the Marriage Act (Chapter 5:11) must produce a Certificate from the Master of the High Court. A widow or widower intending to get married in terms of the Customary Marriages Act (Chapter 5:07) i.e. the potentially polygamous marriage must produce a copy of their marriage certificate with their late spouse together with the death certificate.
In terms of the Marriage Act (Chapter 5:11) parties intending to get married in terms of that Act must before the marriage either publish and obtain a certificate of Notice of Intention to Marry in terms of Sections 14 and 15 of the Act or cause the publication and obtain a Certificate of publication of banns in terms of Sections 11 and 12 of the Act or obtain a Marriage licence from a Magistrate in terms of Section 16 of the Act. Both banns and notices of intention to marry may be published outside Zimbabwe in terms of Section 13 of the Act.
A marriage officer is required to ensure compliance with the aforesaid requirements before solemnizing any marriage.
By Davison Kanokanga SC
Founder & Senior Partner
While care has been taken to ensure that this publication is accurate, Kanokanga & Partners accepts no liability for any prejudice, loss or, damage of whatsoever nature which may arise from reliance on any of the information published herein. The contents of this publication are for general information purposes only. The purpose of this publication does NOT constitute our legal or professional advice. Readers are advised not to act on the basis of the information contained herein alone. Every situation depends on its own facts and circumstances.Next Step