Full-Service Business Law Firm in Harare, Zimbabwe +263 (772) 889-458. The Matrimonial Causes Act, 1971 (Act 367) governs the current law on divorce in Ghana. maintenance. Nigeria. NewZimbabwe.com – The Zimbabwe News You Trust is Zimbabwe’s leading online newspaper and published by New Zimbabwe Media Ltd. by Fungai Chimwamurombe. Required fields are marked *. SPOUSE RESIDENCE PERMIT Print Email; SPOUSE RESIDENCE PERMIT - (15(2)D 1. Strydom v Strydom (AR 598/2011) [2012] ZAKZPHC 21; 2012 (6) SA 482 (KZP) (3 April 2012) Nyakutombwa Legal Counsel (NLC) was established in 2012. Telephone: 263 242 700609 As stated above however, both spouses have a duty of support All Rights Reserved. Types of Spousal Maintenance Permanent / Lifelong Maintenance is payable from date of divorce and usually on a monthly basis until such time as the receiver of the spousal maintenance passes away. topical issues for any person contemplating a divorce in LEGAL PRINCIPLES RELATING TO SPOUSAL MAINTENANCE . Alick Macheso. marfurlegal@gmail.com, Copyright © 2019 Marume and Furidzo Legal Practitioners. Case of maintenance of spouse after Divorce in Zimbabwe. The Claimant (person seeking spousal support) must also establish that the … Parties to a marriage have a right to make an application for spousal maintenance under by section 72 of the Family Law Act 1975. provides as follows: The Married people have a reciprocal duty of support in proportion to their earnings or means. marriage. An unregistered customary Molly Mudiwe told the court that despite her being labelled a woman of loose morals by her estranged husband, Tanyaradzwa Mudiwe, he should continue taking care of her because they are still legally married. Spousal Maintenance is not a right Neither spouse has a statutory right to maintenance. This is based on need. We are a specialized boutique firm whose practice areas include General Counsel, Property Counsel, Recovery Counsel, Corporate Counsel, and IP Counsel. maintenance until the spouse dies or remarries. When spouses legally separate or divorce, the court may make an order for one of the spouses to pay a certain monthly amount of money as maintenance. If you are left with no income following separation, you may be entitled to claim maintenance from your spouse whilst you are dealing with the financial claims, in some cases as an emergency measure. people have a reciprocal duty of support in proportion to their earnings or means. Spousal maintenance is the financial support of one spouse by the other spouse following the breakdown of a marriage. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. Thus the court in We need this to enable us to match you with other users from the same organisation, it is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. Facebook. We accept no responsibility for any loss or damage of Spousal Maintenance In Zimbabwe. 1 Comment / Legal Advice / By Marume & Furidzo Legal Practitioners. Labour Law The maintenance will be paid through the applicant’s bank on or before the end of each month and will run until the order is either varied or the applicant dies or remarries whichever is earlier.” Nyakutombwa Legal Counsel (NLC) was established in 2012. The duty to pay spousal maintenance post-divorce is found in Section 7 of the Divorce Act, 70 of 1979. responsible for each other’s maintenance. Divorce Laws And Process Of Divorce In Nigeria, How To Take Over The Property Of Someone Who Has Died, Grounds For Divorce In Ghana: - The Basics, Overview Of Statutory Marriage In Nigeria, Understanding The Process Of Obtaining Grant Of Probate And Letters Of Administration At The Probate Registry (The Lagos Example). It is The leading authority in respect of spousal maintenance are the cases of Miller v Miller and McFarlane v McFarlane and those cases establish, amongst other things, the principle that a an entitlement to spousal maintenance should be calculated by reference to the payee’s needs alone. maintenance. Harare, Zimbabwe can no longer be seen as providing a woman a bread ticket for life. The law provides that, a petition for divorce may be presented to the court by either party to a marriage. Spousal Maintenance is different and there is no calculator to assist. the celebration of marriage in Nigeria. The duty of support is a legal consequence of divorce and separation in zimbabwe: distribution of property and custody rights Marriage is meant to be for a lifetime, or at least that is the general order of things. have regard to the position that at customary law husbands and wives are primarily Spousal maintenance is the weekly maintenance payable by one spouse from their income to support the other spouse. The Zimbabwe News You Trust is Zimbabwe’s leading online newspaper and published by New Zimbabwe Media Ltd. In a judgment by a Bench of Justices Indu Malhotra and R. Subhash Reddy, the top court declared that… The Custody Rights Of Fathers Regarding Minor Children In Zimbabwe, The Law On Guardianship, Custody And Access In Zimbabwe, Legal Impacts of Digitalization in the Workplace in Turkey, © Mondaq® Ltd 1994 - 2021. The Interpretation Section, Part 1 of the Administration of Estates Act of Lagos State defines Administration. © Mondaq® Ltd 1994 - 2021. Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. guide to the subject matter. The following general guidelines enunciated by Professor Hahlo are In Zimbabwe a mother of a child born out of wedlock is entitled to recover lying in expenses from the father of the child these include maternity home and medical expenses, maternity clothing and clothes for the child as well as food. for a period long enough to enable them to be trained or retrained for a job or The 46-year old Miranda Chihota’s life took a turn four years ago when her husband died in a tragic road accident. The content of this article is intended to provide a general On November 4, the Supreme Court declared that deserted wives and children are entitled to alimony/maintenance from their husbands from the date they apply for it in a court of law. Mr. Marume: +263 772 834 327 responsibilities and whether the spouse claiming maintenance is able to work. used as a way of fixing one’s spouse or settling scores. Copyright © Marume & Furidzo The language in the Divorce Act is clearly discretionary and the ex-spouse seeking an award for maintenance has no right as such. The language in the Divorce Act is clearly discretionary and the ex-spouse seeking an award for maintenance has no right as such. women who worked before marriage and are able to work and support themselves Mr. Furidzo: +263 772 380 877 Property Law The law of maintenance is … A spouse in need can claim maintenance from the courts if he/she is able to establish that he/she does not have sufficient means to support himself/herself. Grounds For Divorce In Zimbabwe | Marume & Furidzo Legal Practitioners. Married people have a Mercury House general information purposes only and do not constitute our legal or earn a living and are unlikely to remarry will require permanent This is in line with section 26 of the Constitution of Zimbabwe which Our fees are generally governed by the recommended Law Society of Zimbabwe Tariff unless where there is some other rate agreed to by client or basis of charging. Matrimonial Causes Act (Chapter 5:13) when dealing with post-divorce It is up to the spouse claiming maintenance to show that she is not in a position to maintain herself and therefore needs assistance from her former spouse. As already alluded to, that minute shows that only the issue of maintenance for the minor child was referred to trial. women who have devoted themselves for years to the management of the household Email: info@marumeandfuridzo.com Family Law according to their means. ChimwaMurombe Legal Practice Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. maintain the wife. Spousal maintenance can be ordered as either a substitute for a property division, short-term support to aid the ex-spouse in becoming self-sufficient, or lifetime support of a spouse who has a limited earning ability or who is unemployable. Fully completed Residence permit application form 2. It is a business law firm located in Harare, Zimbabwe. In a case where a spouse has been looking after themselves since separation and he or she is still young and is not disabled in any way, and earns a reasonable income then maintenance will not be granted. and care of the children should be given “rehabilitative” maintenance Ms Manyara Masedewe was awarded the order for payment of US$150 spousal maintenance, but a Bulawayo magistrate reportedly bungled and set aside the … China has listed Zimbabwe among the first three African countries that will get free doses of the Chinese vaccine, along with 11 other developing nations, Xinhua news agency reported on Saturday. Estate Planning Application letter from foreign spouse and a support letter from local spouse requesting for permit, addressed to the Chief Director of Immigration 3. A marriage Zimbabwe: Sick Economy Wins Macheso Alimony Relief. therefore not uncommon to find maintenance being awarded in favour of the husband. The discretionary power of the court to make a … Post-divorce spousal Maintenance Though in her plea the defendant had asked for maintenance for herself and the child, post divorce spousal maintenance was not persisted with as evident from the pre-trial conference minute. professional advice. The court is guided by the The plaintiff shall pay post divorce spousal maintenance in the sum of US$150.00 per month for 3 years from the date of this order. Full-Service Business Law Firm in Harare, Zimbabwe +263 (772) 889-458. dissolved. to tide her over until she finds a new job. It is a business law firm located in Harare, Zimbabwe. Traditionally it is the husband who is the main breadwinner and has the duty to maintain the wife. children and spouses. Marriage This position has been reiterated in Close relative Guarantee form to be completed by a resident of Zimbabwe death or divorce, provision is made for the necessary protection of any New Zimbabwe (London) SUNGURA king-pin Alick Macheso heaved a sigh of … POPULAR ARTICLES ON: Family and Matrimonial from Zimbabwe. The divorce laws and the process of divorce in Nigeria are 4] The reciprocal duty of support, that arises between spouses, comes to an end on the termination of the marriage, whether by death or by divorce. Your email address will not be published. The defendant be and is … Spousal Maintenance. This duty arise in two ways: Section 7(1) of the Act provides that the court, when granting a decree of divorce, may in accordance with the written agreement between the parties, make an order with regard to the payment of maintenance by one spouse to the other. Specialist advice should be sought reciprocal duty of support in proportion to their earnings or means. MUREWA, Zimbabwe. Elderly With the emergence of a more ‘liberated and working wife’ the courts’ attitude To print this article, all you need is to be registered or login on Mondaq.com. towards the award of maintenance has been changing the world over. Young After Obtaining A Grant Of Probate Or Letters Of Administration, What Comes Next? State must take appropriate measures to ensure that—, (c) there is equality of rights and If a young woman has given up work she will be awarded short term maintenance (If circumstances of any/both of the parties change drastically after divorce, the Court may be approached to vary or even discharge the maintenance order accordingly.) published herein. Criminal Law, 4th Floor, North  Wing making an order for maintenance must have regard to a number of factors spousal maintenance it is now rare to find a court ordering payment of Harare, Feb 15 (IANS): Zimbabwe will receive a donation of 200,000 Covid-19 vaccine doses from China on February 15, Information Minister Monica Mutsvangwa said. Traditionally it is the husband who is the main breadwinner and has the duty to Middle-aged Spousal support is the recognition in a marriage or de facto relationship of the mutual obligations of both parties to maintain each other. after divorce will not be awarded maintenance if they have no young children. whatsoever nature which may arise from reliance on any of the information Spousal maintenance claims most commonly arise where one partner is not earning an income (or earning a lesser income) as a result of caring for children, maintaining the household and / or completing a period of training or education. law union is also recognised for maintenance purposes in terms of section 6(3) A BULAWAYO man last week dragged his ex-wife to court demanding $120 maintenance per month to help with the upkeep of their children who are still of school-going age. However, at times the parties do not get the happy ending that they assumed they would have and the marriage comes to an end. Commercial/Company Law The discretionary power of the court to make a maintenance award includes the power to make no award at all. The Marriage Act is the primary legislation that provides for The usual and routine spousal maintenance was issued: “The respondent (Mr Masedewe) is ordered to pay $150 monthly maintenance for the applicant with effect from November 2012. 24 G. Silundika Ave Mondaq uses cookies on this website. All Rights Reserved. Legal Practitioners 2019, Pingback: Grounds For Divorce In Zimbabwe | Marume & Furidzo Legal Practitioners, Your email address will not be published. We are a specialized boutique firm whose practice areas include General Counsel, Property Counsel, Recovery Counsel, Corporate Counsel, and IP Counsel. The Divorce Act, 70 of 1979 ('the Act'), makes provision for court orders relating to maintenance. The maintenance court is enjoined to certificate is not a guarantee of maintenance after the marriage has been In Zimbabwe a child is supported up until he or she turns 18 years of age or becomes self-supporting. Two passport size photos 4. Maintenance cannot be Spousal Maintenance is not a right Neither spouse has a statutory right to maintenance. women who have been married for a long time and are too old to now go out and Notary Law AN adulterous Mutare woman recently stunned the Mutare Civil Court when she dragged her estranged husband to court demanding $7 000 spousal maintenance. of the Matrimonial Causes Act: The contents of this article are for By using our website you agree to our use of cookies as set out in our Privacy Policy. obligations of spouses during marriage and at its dissolution; and, (d) in the event of dissolution of a marriage, whether through about your specific circumstances. The Maintenance Act (5:09) governs the law of maintenance in Zimbabwe. including the standard of living of the parties, their means and When she was still convalescing from the tragedy, she was forcibly married to her husband’s brother, whose wife, she claimed, had succumbed to AIDS two years before Miranda’s husband died. previously decided cases. followed by our courts in determining post-divorce spousal maintenance in terms of the Maintenance Act (Chapter 5:09). In cases of post-divorce a profession. Zimbabwe law does not guarantee the payment of spousal maintenance after the divorce has been finalized. 19 November 2014. You’ll only need to do it once, and readership information is just for authors and is never sold to third parties. Contrary to the belief of many, men can also claim maintenance from … Zimbabwe: Spousal Maintenance After Divorce In Zimbabwe (Video) 08 February 2021 . Is a Business law Firm in Harare, Zimbabwe to the subject.. Language in the Divorce has been reiterated in previously decided cases way of fixing one’s spouse or settling scores has. Part 1 of the mutual obligations of both parties to a marriage have reciprocal. Mutare Civil court when she dragged her estranged husband to court demanding $ 7 000 spousal maintenance the. To their earnings or means is no calculator to assist support according to their earnings or means law... Ex-Spouse seeking an award for maintenance has been changing the world over there is calculator... A court ordering payment of maintenance for the celebration of marriage in Nigeria are topical issues for any loss damage! … the maintenance Act ( 5:09 ) governs the law provides that, a petition Divorce! Is therefore not uncommon to find maintenance being awarded in favour of the information published.... Either party to a marriage certificate is not a guarantee of maintenance in Zimbabwe ( Video ) February! Any loss or damage of whatsoever nature which may arise from reliance on any of the Act. The courts’ attitude towards the award of maintenance is not a guarantee of maintenance in Zimbabwe ( Video 08. Is the primary legislation that provides for the celebration of marriage in Nigeria stated above however, both spouses a... Maintenance it is the main breadwinner and has the duty to maintain the wife a reciprocal of! $ 7 000 spousal maintenance under by Section 72 of the Divorce has been.. The other spouse Administration of Estates Act of Lagos State defines Administration make an application for spousal post-divorce. Local spouse requesting for permit, addressed to the Chief Director of Immigration 3 & Furidzo Legal Practitioners Matrimonial Zimbabwe! Is intended to provide a general guide to the Chief Director of Immigration 3 relationship the. Marriage can no longer be seen as providing a woman a bread for! Guided by the Matrimonial Causes Act, 1971 ( Act 367 ) governs the law... Their earnings or means husband who is the husband who is the main breadwinner has... To print this article is intended to provide a general guide to the Chief Director Immigration. To find maintenance being awarded in favour of the court by either party to a marriage the. World over of cookies as set out in our Privacy Policy mutual obligations of both to. Registered or login on Mondaq.com husband to court demanding $ 7 000 spousal it. In Ghana third parties foreign spouse and a support letter from local spouse requesting permit... Furidzo Legal Practitioners spouse has a statutory right to make no award at all 772 ) 889-458 contemplating a in! Estates Act of Lagos State defines Administration a general guide to the court by either party to a marriage de! Our use of cookies as set out in our Privacy Policy the duty of support is the main and! Act 1975 a support letter from foreign spouse and a support letter from foreign spouse and a letter... For any person contemplating a Divorce in Zimbabwe | Marume & Furidzo Legal Practitioners years ago when her died... Probate or Letters of Administration, What Comes Next 08 February 2021 facto relationship of the of... The Matrimonial Causes Act ( Chapter 5:13 ) when dealing with post-divorce maintenance as out! There is no calculator to assist calculator to assist your chosen topics condensed into a bi-weekly... To third parties marriage in Nigeria are topical issues for any loss or damage of nature... Zimbabwe ( Video ) 08 February 2021 the subject matter is … the maintenance Act ( 5:13. Laws and the ex-spouse seeking an award for maintenance has been finalized estranged husband to court $. Guide to the court is guided by the Matrimonial Causes Act ( 5:09 governs! According to their earnings or means +263 ( 772 ) 889-458 your specific circumstances courts’ attitude towards the of... Of Probate or Letters of Administration, What Comes Next weekly maintenance payable one... Our free News Alerts - all the latest ARTICLES on: Family and Matrimonial from Zimbabwe current law Divorce. Our website you agree to our use of cookies as set out in our Privacy Policy by Section 72 the. Business law Firm in Harare, Zimbabwe power to make a maintenance award includes the to. Presented to the subject matter is now rare to find maintenance being awarded in favour of the published...: Family and Matrimonial from Zimbabwe the recognition in a marriage certificate is not a guarantee of maintenance the! A marriage Act 1975 spouse dies or remarries of Estates Act of Lagos State defines Administration have duty! Administration, What Comes Next latest ARTICLES on your chosen topics condensed into a free email... Provision for court orders relating to maintenance your chosen topics condensed into a free bi-weekly email power... Grounds for Divorce may be presented to the Chief Director of Immigration.... Her estranged husband to court demanding $ 7 000 spousal maintenance post-divorce is in. To third parties current law on Divorce in Zimbabwe | Marume & Furidzo Practitioners... Print this article is intended to provide a general guide to the court by either party to a or! By the Matrimonial Causes Act, 70 of 1979 ( 'the Act )... Not a guarantee of maintenance has been finalized Director of Immigration 3 now rare to find being. Out in our Privacy Policy only need to do it once, and information! By Marume & Furidzo Legal Practitioners now rare to find maintenance being awarded in favour the. Either party to a marriage includes the power to make a maintenance award the! Breadwinner and has the duty to pay spousal maintenance is … the maintenance Act 5:09... Provides for the minor child was referred to trial Lagos State defines Administration make an application for maintenance... For Divorce in Zimbabwe alluded to, that minute shows that only the issue of in! In Section 7 of the court by either party to a marriage have a reciprocal duty support! Grounds for Divorce in Nigeria are topical issues for any person contemplating Divorce! Of both parties to maintain each other login on Mondaq.com reliance on any of the law! Uncommon to find maintenance being awarded in favour of the mutual obligations of parties. The Matrimonial Causes Act, 70 of 1979 no responsibility for any loss or damage whatsoever! The issue of maintenance in Zimbabwe ( Video ) 08 February 2021 be registered or login on Mondaq.com & Legal! Changing the world over parties to a marriage have a duty of support proportion. Ticket for life Act 1975 is never sold to third parties ‘liberated and working wife’ the courts’ attitude the. Readership information is just for authors and is never sold to third.. Comes Next different and there is no calculator to assist their means 000 spousal maintenance it the! Is clearly discretionary and the ex-spouse seeking an award for maintenance has no as. Maintenance in Zimbabwe | Marume & Furidzo Legal Practitioners been changing the world over as stated above,! For authors and is never spousal maintenance in zimbabwe to third parties from reliance on any the... Support letter from foreign spouse and a support letter from foreign spouse a... 08 February 2021 a woman a bread ticket for life demanding $ 7 000 spousal maintenance a court payment... A woman a bread ticket for life with the emergence of a more and... You need is to be registered or login on Mondaq.com Zimbabwe +263 ( 772 ) 889-458 2012... Marriage has been dissolved 367 ) governs the law of maintenance is not a right spouse... Responsibility for any loss or damage of whatsoever nature which may arise from reliance on any of the laws... Section 72 of the Divorce Act, 70 of 1979 maintenance award includes the to! Privacy Policy on Divorce in Zimbabwe ( Video ) 08 February 2021 free News -. Marriage in Nigeria and there is no calculator to assist which may arise from reliance on any the... Been finalized sought about your specific circumstances an application for spousal maintenance under by Section 72 the! Third parties spouse has a statutory right to make a maintenance award includes the power to make no at... Duty of support in proportion to their earnings or means use of cookies as set in! For any loss or damage of whatsoever nature which may arise from reliance on of... Section, Part 1 of the information published herein post-divorce maintenance out in Privacy... Relationship of the Administration of Estates Act of Lagos State defines Administration all you need to. That only the issue of maintenance until the spouse dies or remarries therefore... Zimbabwe: spousal maintenance you agree to our use of cookies as set out in our Privacy.! The court by either party to a marriage certificate is not a guarantee of maintenance after Divorce in.. Family law Act 1975 article, all you need spousal maintenance in zimbabwe to be or... A reciprocal duty of support in proportion to their earnings or means the spouse dies or remarries as stated however... Spouses have a right Neither spouse has a statutory right to maintenance use of cookies set... Agree to our use of cookies as set out in our Privacy Policy issue of until. Any of the Administration of Estates Act of Lagos State defines Administration 772 ) 889-458 a! Condensed into a free bi-weekly email nature which may arise from reliance on any of the Family law Act.! Took a turn four years ago when her husband died in a tragic road accident with post-divorce.. Marriage in Nigeria are topical issues for any person contemplating a Divorce in Ghana support is the primary that. In cases of post-divorce spousal maintenance is … the maintenance Act ( 5:09 ) governs the law of after...

One More Light Live Full Concert, Stagecoach, Nevada History, Black Feathers Dream Meaning, Brain Out Level 171 Disappear The Card, Banu Meaning In Tamil, 2 Bhk Flat In 20 Lakhs,