Source: The Herald – Breaking news.
Fidelis Munyoro Chief Court Reporter
THE Judicial Service Commission has introduced a formal list of documentary requirements now needed when a divorced or widowed Zimbabwean, whether man or woman, seeks to register a new marriage, to prove that the person is both legally free to remarry.
There is also need to ensure that the laws pertaining to support for minor children from the estate of a dead person have been followed.
The commission’s list does not change any laws, but is there to ensure the law, as it now exists, is followed.
Proving a person, who was previously in a registered marriage, is now free to remarry simply requires certified copies of the divorce order or the death certificate of the deceased spouse.
Up to now, almost all marriage officers, whether magistrates or the honorary officers who are generally recognised ministers of religion, have wanted to see such paperwork. That is now compulsory.
For a surviving spouse to remarry after the death of their spouse, the commission wants a declaration from the Master of the High Court that all the laws pertaining to the deceased person’s estate for the support of minor children have been followed, especially the legal requirements that ensure that dependent children continue to receive support from the deceased parent’s estate.
The law allows people to write a will leaving their assets where they wish, and, when there is no will, the general law sees those assets divided equally between a surviving spouse and any children, with the addition that if a child has died but has their own children, then the dead child’s share is divided among those grandchildren.
But the law also has measures that modify a straight forward distribution, at least in the immediate future, with at the very least minor children having use of the assets in the meantime.
The main one is that those children, who were dependent on the estate of the dead person, can continue to be supported by the assets until they are independent adults and the Master of the High Court can modify the outcome of a will to make sure that happens.
Zimbabweans marrying foreigners have been required for some decades to make sure the foreigner is free to marry, following some unpleasant problems over the conning of people by those seeking the residence permit that a Zimbabwean is entitled to have for their spouse.
The main requirement is a copy of non-marriage certificate from the country of origin confirmed by the local embassy and duly authenticated by that country of origin’s government ministry that deals with registration of marriages.
Foreigners also need clearance from the Zimbabwe Republic Police Criminal Investigation Department and that from the Immigration Department of Zimbabwe, while locals, who want to marry foreigners, are required to obtain a certificate of non-marriage, that is proof that they are not married and so free to marry, from the Registrar General’s Office.
Legal expert, Mr Vote Muza said the new regulations appear to assist minor children in intestate estates, that is where there are no wills.
“Upon the demise of a parent, the surviving spouse would at times marry, and if such a parent died intestate again, the children of the first marriage would lose to the new husband or wife,” he said.
“The consent of the Master alone is not enough and the regulations ought to have explicitly provided that upon remarrying, no property of the first marriage shall be inherited by a spouse in a second marriage to the prejudice of the children.”
This would go beyond just the use of the assets and would include the final distribution.
Law Society of Zimbabwe president, Mrs Tambudzai Matambo, said they were trying to get hold of the official communication and also consider the matter properly, but agreed with the new requirements.
“We are obviously in support of the protection of children’s rights but this must also be balanced with the protection of other rights that individuals may have,” she said.
The High Court, by virtue of being the upper guardian of all minors, upon remarriage, the Master of High Court is entitled to be advised.
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