Themba asks Sophie if she has children and if she is married? Sophie says that she has two children with her partner and they, including her parents, all live together. They are planning to get married but need to save some money first.
Themba is happy to hear that they are planning a wedding in the future and asks Sophie if she has decided how she is going to get married. Sophie tells Themba that she wants a big wedding with lots of guests, a cake and a big white dress. He says it all sounds brilliant, but he is actually referring to the marriage regime that Sophie and her partner want. Sophie says that they didn’t know there was more than one type of marriage regime. She asks Themba to explain the different regimes to her.
A marriage regime is a system of property ownership between spouses whether in community of property or out of community of property. It provides for the terms and conditions of the marriage and the creation or absence of a marital estate, reflects what properties or assets are included in the estate, how and by whom it is managed and how it will be divided and inherited at the end of the marriage.
In Zimbabwe, couples may tie the knot in one of the following ways:
Themba tells Sophie that in Zimbabwe there are two types of marriage regimes recognized (though automatically the Marriages are out of community of property unless an antenuptial contract is concluded to the contrary):
When you are married in community of property, both parties jointly own the estate. Everything you own and owe (debt) is combined and you are both responsible for it. Sometimes, with the exclusion of inheritance, you will share everything equally in the event of a divorce. When you are married in community of property, if one spouse enters into a contract, both parties are bound to the contract. In Zimbabwe parties enter into an antenuptial contract with the assistance of a Notary Public so as to enjoy the benefits of this marriage regime.
All marriages in Zimbabwe are out of community of property. The property and assets owned by one party prior to the marriage as well as all property and assets accumulated by the same party during the marriage belongs only to that person. The same rule applies to liabilities. Each party remains their own responsibility. Each party may deal with his or her estate in a Will.
Sophie is amazed. She says that they are planning a traditional wedding and her partner would be paying her lobola soon. Themba tells Sophie that under Zimbabwean law she would be considered married at the time that lobola is paid as the marriage is in terms of African norms and tradition. Although registration of the marriage does not affect the validity of the marriage, it is recommended that the customary marriage be registered through the Magistrates Court.
Sophie and her partner will be automatically married out of community of property. If one of the spouses is to pass on, then problems could arise in inheritance affidavits are required from relatives of deceased spouse confirming the existence of a marriage. Themba has given Sophie a lot to think about.