Customary unions in Zimbabwe
What the law says, and how to keep a good record.
General information only, not legal advice. This page is awaiting review by a Zimbabwean legal practitioner. Check the Act itself, or ask the registrar or a lawyer, before relying on it.
Did you know
One law now covers all marriages
The Marriages Act [Chapter 5:15] of 2022 repealed both the old Marriage Act [Chapter 5:11] and the Customary Marriages Act [Chapter 5:07].
Source: Muvingi & Mugadza Legal Practitioners: New Marriages Law; Marriages Act [Chapter 5:15], Act 1 of 2022 (ZimLII)
Eighteen is the minimum age
Section 3 says no person under 18 may enter any form of marriage, including an unregistered customary law marriage. Facilitating the marriage of a child is a criminal offence.
Source: Law, Democracy & Development (2024): rights of women in unregistered customary marriages; Muvingi & Mugadza Legal Practitioners: New Marriages Law
Consent matters
Sections 3 and 4 set out the general requirements for every kind of marriage: the minimum age and the right of each person to consent.
Source: Law, Democracy & Development (2024): rights of women in unregistered customary marriages
Customary unions should be registered
A marriage made only under customary law should be registered by the parties within three months. Unions that already existed when the Act began had twelve months.
Source: Law, Democracy & Development (2024): rights of women in unregistered customary marriages; Muvingi & Mugadza Legal Practitioners: New Marriages Law
Not registering doesn't cancel the marriage
Failing to register a customary marriage does not affect its validity at customary law for the status, guardianship, custody and succession rights of the children. Commentators note the Act sets no penalty for late registration.
Source: Law, Democracy & Development (2024): rights of women in unregistered customary marriages; Muvingi & Mugadza Legal Practitioners: New Marriages Law
Lobola is part of a customary union
For a customary union, payment of lobola/roora is a requirement. It is not required for a civil marriage or a civil partnership.
Source: Muvingi & Mugadza Legal Practitioners: New Marriages Law
Print and keep: family record checklist
- Full names of both parties, and who represented each family
- Date and place of the lobola/roora negotiation and of any ceremony
- What was agreed, and what was paid (amounts, items, dates)
- Receipts, letters, photographs, voice notes or messages from the time
- Names and phone numbers of at least two people who were present
- ID numbers or copies of IDs for both parties (proof both are 18 or over)
- Whether the union has been registered, where, and the registration number
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