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