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