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