Facebook. By using our website you agree to our use of cookies as set out in our Privacy Policy. We accept no responsibility for any loss or damage of After Obtaining A Grant Of Probate Or Letters Of Administration, What Comes Next? therefore not uncommon to find maintenance being awarded in favour of the husband. 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. Spousal Maintenance In Zimbabwe. whatsoever nature which may arise from reliance on any of the information Middle-aged Case of maintenance of spouse after Divorce in Zimbabwe. general information purposes only and do not constitute our legal or Criminal Law, 4th Floor, North  Wing Traditionally it is the husband who is the main breadwinner and has the duty to maintain the wife. responsibilities and whether the spouse claiming maintenance is able to work. Estate Planning Grounds For Divorce In Zimbabwe | Marume & Furidzo Legal Practitioners. Maintenance cannot be Alick Macheso. making an order for maintenance must have regard to a number of factors AN adulterous Mutare woman recently stunned the Mutare Civil Court when she dragged her estranged husband to court demanding $7 000 spousal maintenance. Strydom v Strydom (AR 598/2011) [2012] ZAKZPHC 21; 2012 (6) SA 482 (KZP) (3 April 2012) All Rights Reserved. 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. All Rights Reserved. The following general guidelines enunciated by Professor Hahlo are used as a way of fixing one’s spouse or settling scores. people have a reciprocal duty of support in proportion to their earnings or means. Spousal maintenance is the weekly maintenance payable by one spouse from their income to support the other spouse. towards the award of maintenance has been changing the world over. earn a living and are unlikely to remarry will require permanent Legal Practitioners 2019, Pingback: Grounds For Divorce In Zimbabwe | Marume & Furidzo Legal Practitioners, Your email address will not be published. Labour Law Telephone: 263 242 700609 Traditionally it is the husband who is the main breadwinner and has the duty to and care of the children should be given “rehabilitative” maintenance maintenance. 19 November 2014. With the emergence of a more ‘liberated and working wife’ the courts’ attitude of the Maintenance Act (Chapter 5:09). Zimbabwe law does not guarantee the payment of spousal maintenance after the divorce has been finalized. POPULAR ARTICLES ON: Family and Matrimonial from Zimbabwe. women who have devoted themselves for years to the management of the household Young Notary Law Zimbabwe: Sick Economy Wins Macheso Alimony Relief. It is a business law firm located in Harare, Zimbabwe. This position has been reiterated in marfurlegal@gmail.com, Copyright © 2019 Marume and Furidzo Legal Practitioners. Mondaq uses cookies on this website. The defendant be and is … Married people have a 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. In Zimbabwe a child is supported up until he or she turns 18 years of age or becomes self-supporting. The 46-year old Miranda Chihota’s life took a turn four years ago when her husband died in a tragic road accident. 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. 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 Matrimonial Causes Act, 1971 (Act 367) governs the current law on divorce in Ghana. 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. 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. The discretionary power of the court to make a … about your specific circumstances. Property Law The court is guided by the a profession. to tide her over until she finds a new job. spousal maintenance it is now rare to find a court ordering payment of A marriage law union is also recognised for maintenance purposes in terms of section 6(3) published herein. As stated above however, both spouses have a duty of support LEGAL PRINCIPLES RELATING TO SPOUSAL MAINTENANCE . The Maintenance Act (5:09) governs the law of maintenance in Zimbabwe. The discretionary power of the court to make a maintenance award includes the power to make no award at all. 1 Comment / Legal Advice / By Marume & Furidzo Legal Practitioners. The duty of support is a legal consequence of marriage. It is You’ll only need to do it once, and readership information is just for authors and is never sold to third parties. maintenance. This is in line with section 26 of the Constitution of Zimbabwe which provides as follows: The The law provides that, a petition for divorce may be presented to the court by either party to a marriage. The content of this article is intended to provide a general This is based on need. The maintenance court is enjoined to MUREWA, Zimbabwe. Commercial/Company Law Email: info@marumeandfuridzo.com Fully completed Residence permit application form 2. We are a specialized boutique firm whose practice areas include General Counsel, Property Counsel, Recovery Counsel, Corporate Counsel, and IP Counsel. 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. The Zimbabwe News You Trust is Zimbabwe’s leading online newspaper and published by New Zimbabwe Media Ltd. Thus the court in guide to the subject matter. Matrimonial Causes Act (Chapter 5:13) when dealing with post-divorce Nigeria. The Claimant (person seeking spousal support) must also establish that the … 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. have regard to the position that at customary law husbands and wives are primarily Harare, Zimbabwe Spousal Maintenance is different and there is no calculator to assist. Contrary to the belief of many, men can also claim maintenance from … 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. professional advice. 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. for a period long enough to enable them to be trained or retrained for a job or The Marriage Act is the primary legislation that provides for Spousal Maintenance. can no longer be seen as providing a woman a bread ticket for life. 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. after divorce will not be awarded maintenance if they have no young children. Mercury House The law of maintenance is … 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. 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.” As already alluded to, that minute shows that only the issue of maintenance for the minor child was referred to trial. including the standard of living of the parties, their means and Two passport size photos 4. Zimbabwe: Spousal Maintenance After Divorce In Zimbabwe (Video) 08 February 2021 . 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. 24 G. Silundika Ave We are a specialized boutique firm whose practice areas include General Counsel, Property Counsel, Recovery Counsel, Corporate Counsel, and IP Counsel. 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). 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. Parties to a marriage have a right to make an application for spousal maintenance under by section 72 of the Family Law Act 1975. Nyakutombwa Legal Counsel (NLC) was established in 2012. reciprocal duty of support in proportion to their earnings or means. Ms Manyara Masedewe was awarded the order for payment of US$150 spousal maintenance, but a Bulawayo magistrate reportedly bungled and set aside the … 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. (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.) 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. State must take appropriate measures to ensure that—, (c) there is equality of rights and 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. by Fungai Chimwamurombe. Family Law of the Matrimonial Causes Act: The contents of this article are for maintain the wife. Application letter from foreign spouse and a support letter from local spouse requesting for permit, addressed to the Chief Director of Immigration 3. Mr. Marume: +263 772 834 327 The Divorce Act, 70 of 1979 ('the Act'), makes provision for court orders relating to maintenance. dissolved. maintenance until the spouse dies or remarries. The duty to pay spousal maintenance post-divorce is found in Section 7 of the Divorce Act, 70 of 1979. 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. 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. To print this article, all you need is to be registered or login on Mondaq.com. Married people have a reciprocal duty of support in proportion to their earnings or means. The divorce laws and the process of divorce in Nigeria are topical issues for any person contemplating a divorce in In cases of post-divorce 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. Copyright © Marume & Furidzo 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. 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 Spousal support is the recognition in a marriage or de facto relationship of the mutual obligations of both parties to maintain each other. previously decided cases. The Interpretation Section, Part 1 of the Administration of Estates Act of Lagos State defines Administration. 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. Spousal Maintenance is not a right Neither spouse has a statutory right to maintenance. Spousal maintenance is the financial support of one spouse by the other spouse following the breakdown of a marriage. If a young woman has given up work she will be awarded short term maintenance 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. SPOUSE RESIDENCE PERMIT Print Email; SPOUSE RESIDENCE PERMIT - (15(2)D 1. 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. responsible for each other’s maintenance. However, at times the parties do not get the happy ending that they assumed they would have and the marriage comes to an end. New Zimbabwe (London) SUNGURA king-pin Alick Macheso heaved a sigh of … certificate is not a guarantee of maintenance after the marriage has been Your email address will not be published. Required fields are marked *. Mr. Furidzo: +263 772 380 877 Full-Service Business Law Firm in Harare, Zimbabwe +263 (772) 889-458. death or divorce, provision is made for the necessary protection of any children and spouses. Nyakutombwa Legal Counsel (NLC) was established in 2012. Close relative Guarantee form to be completed by a resident of Zimbabwe Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. An unregistered customary 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. Specialist advice should be sought It is a business law firm located in Harare, Zimbabwe. followed by our courts in determining post-divorce spousal maintenance in terms Marriage 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. Full-Service Business Law Firm in Harare, Zimbabwe +263 (772) 889-458. women who have been married for a long time and are too old to now go out and obligations of spouses during marriage and at its dissolution; and, (d) in the event of dissolution of a marriage, whether through Spousal Maintenance is not a right Neither spouse has a statutory right to maintenance. NewZimbabwe.com – The Zimbabwe News You Trust is Zimbabwe’s leading online newspaper and published by New Zimbabwe Media Ltd. Elderly © Mondaq® Ltd 1994 - 2021. the celebration of marriage in Nigeria. 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