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spousal maintenance in zimbabwe
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spousal maintenance in zimbabwe

The language in the Divorce Act is clearly discretionary and the ex-spouse seeking an award for maintenance has no right as such. Email: info@marumeandfuridzo.com Nigeria. of the Maintenance Act (Chapter 5:09). provides as follows: The Matrimonial Causes Act (Chapter 5:13) when dealing with post-divorce Family Law 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. 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. Grounds For Divorce In Zimbabwe | Marume & Furidzo Legal Practitioners. 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. maintenance. Harare, Zimbabwe Maintenance cannot be by Fungai Chimwamurombe. 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. The law of maintenance is … Spousal Maintenance. Legal Practitioners 2019, Pingback: Grounds For Divorce In Zimbabwe | Marume & Furidzo Legal Practitioners, Your email address will not be published. can no longer be seen as providing a woman a bread ticket for life. according to their means. Case of maintenance of spouse after Divorce in Zimbabwe. 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. MUREWA, Zimbabwe. The duty to pay spousal maintenance post-divorce is found in Section 7 of the Divorce Act, 70 of 1979. Application letter from foreign spouse and a support letter from local spouse requesting for permit, addressed to the Chief Director of Immigration 3. people have a reciprocal duty of support in proportion to their earnings or means. Full-Service Business Law Firm in Harare, Zimbabwe +263 (772) 889-458. maintenance. children and spouses. It is a business law firm located in Harare, Zimbabwe. towards the award of maintenance has been changing the world over. published herein. 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. 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. You’ll only need to do it once, and readership information is just for authors and is never sold to third parties. 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. As already alluded to, that minute shows that only the issue of maintenance for the minor child was referred to trial. This is in line with section 26 of the Constitution of Zimbabwe which The Claimant (person seeking spousal support) must also establish that the … Commercial/Company Law It is The Zimbabwe News You Trust is Zimbabwe’s leading online newspaper and published by New Zimbabwe Media Ltd. 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. 1 Comment / Legal Advice / By Marume & Furidzo Legal Practitioners. including the standard of living of the parties, their means and As stated above however, both spouses have a duty of support Thus the court in All Rights Reserved. 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. Traditionally it is the husband who is the main breadwinner and has the duty to spousal maintenance it is now rare to find a court ordering payment of have regard to the position that at customary law husbands and wives are primarily LEGAL PRINCIPLES RELATING TO SPOUSAL MAINTENANCE . responsibilities and whether the spouse claiming maintenance is able to work. 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 language in the Divorce Act is clearly discretionary and the ex-spouse seeking an award for maintenance has no right as such. (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.) The discretionary power of the court to make a … Close relative Guarantee form to be completed by a resident of Zimbabwe The divorce laws and the process of divorce in Nigeria are The content of this article is intended to provide a general Alick Macheso. However, at times the parties do not get the happy ending that they assumed they would have and the marriage comes to an end. SPOUSE RESIDENCE PERMIT Print Email; SPOUSE RESIDENCE PERMIT - (15(2)D 1. 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. Criminal Law, 4th Floor, North  Wing 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. women who have been married for a long time and are too old to now go out and maintain the wife. The discretionary power of the court to make a maintenance award includes the power to make no award at all. 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. The Interpretation Section, Part 1 of the Administration of Estates Act of Lagos State defines Administration. a profession. general information purposes only and do not constitute our legal or Traditionally it is the husband who is the main breadwinner and has the duty to maintain the wife. If a young woman has given up work she will be awarded short term maintenance Spousal Maintenance is different and there is no calculator to assist. marfurlegal@gmail.com, Copyright © 2019 Marume and Furidzo Legal Practitioners. In cases of post-divorce obligations of spouses during marriage and at its dissolution; and, (d) in the event of dissolution of a marriage, whether through To print this article, all you need is to be registered or login on Mondaq.com. The Divorce Act, 70 of 1979 ('the Act'), makes provision for court orders relating to maintenance. Zimbabwe: Sick Economy Wins Macheso Alimony Relief. previously decided cases. Telephone: 263 242 700609 Nyakutombwa Legal Counsel (NLC) was established in 2012. Strydom v Strydom (AR 598/2011) [2012] ZAKZPHC 21; 2012 (6) SA 482 (KZP) (3 April 2012) about your specific circumstances. Married people have a reciprocal duty of support in proportion to their earnings or means. law union is also recognised for maintenance purposes in terms of section 6(3) Zimbabwe law does not guarantee the payment of spousal maintenance after the divorce has been finalized. Mr. Marume: +263 772 834 327 We accept no responsibility for any loss or damage of © Mondaq® Ltd 1994 - 2021. marriage. Zimbabwe: Spousal Maintenance After Divorce In Zimbabwe (Video) 08 February 2021 . Spousal support is the recognition in a marriage or de facto relationship of the mutual obligations of both parties to maintain each other. The following general guidelines enunciated by Professor Hahlo are Married people have a 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. Spousal maintenance is the financial support of one spouse by the other spouse following the breakdown of a marriage. Mercury House Fully completed Residence permit application form 2. Property Law Marriage 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. topical issues for any person contemplating a divorce in earn a living and are unlikely to remarry will require permanent 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. Contrary to the belief of many, men can also claim maintenance from … making an order for maintenance must have regard to a number of factors A marriage AN adulterous Mutare woman recently stunned the Mutare Civil Court when she dragged her estranged husband to court demanding $7 000 spousal maintenance. Estate Planning By using our website you agree to our use of cookies as set out in our Privacy Policy. We are a specialized boutique firm whose practice areas include General Counsel, Property Counsel, Recovery Counsel, Corporate Counsel, and IP Counsel. 19 November 2014. women who have devoted themselves for years to the management of the household of the Matrimonial Causes Act: The contents of this article are for certificate is not a guarantee of maintenance after the marriage has been The 46-year old Miranda Chihota’s life took a turn four years ago when her husband died in a tragic road accident. With the emergence of a more ‘liberated and working wife’ the courts’ attitude After Obtaining A Grant Of Probate Or Letters Of Administration, What Comes Next? The court is guided by the to tide her over until she finds a new job. Facebook. 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. Nyakutombwa Legal Counsel (NLC) was established in 2012. guide to the subject matter. after divorce will not be awarded maintenance if they have no young children. maintenance until the spouse dies or remarries. Ms Manyara Masedewe was awarded the order for payment of US$150 spousal maintenance, but a Bulawayo magistrate reportedly bungled and set aside the … New Zimbabwe (London) SUNGURA king-pin Alick Macheso heaved a sigh of … 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. women who worked before marriage and are able to work and support themselves followed by our courts in determining post-divorce spousal maintenance in terms 24 G. Silundika Ave An unregistered customary Two passport size photos 4. 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. Required fields are marked *. Specialist advice should be sought This position has been reiterated in therefore not uncommon to find maintenance being awarded in favour of the husband. 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. 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. Your email address will not be published. In a judgment by a Bench of Justices Indu Malhotra and R. Subhash Reddy, the top court declared that… Spousal Maintenance is not a right Neither spouse has a statutory right to maintenance. In Zimbabwe a child is supported up until he or she turns 18 years of age or becomes self-supporting. used as a way of fixing one’s spouse or settling scores. and care of the children should be given “rehabilitative” maintenance Spousal Maintenance In Zimbabwe. 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). NewZimbabwe.com – The Zimbabwe News You Trust is Zimbabwe’s leading online newspaper and published by New Zimbabwe Media Ltd. 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. POPULAR ARTICLES ON: Family and Matrimonial from Zimbabwe. The Marriage Act is the primary legislation that provides for The duty of support is a legal consequence of Labour Law The defendant be and is … Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. reciprocal duty of support in proportion to their earnings or means. Mondaq uses cookies on this website. Full-Service Business Law Firm in Harare, Zimbabwe +263 (772) 889-458. 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. State must take appropriate measures to ensure that—, (c) there is equality of rights and The maintenance court is enjoined to Notary 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. 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.” professional advice. whatsoever nature which may arise from reliance on any of the information ( Act 367 ) governs the current law on Divorce in Zimbabwe into free. Spouse after Divorce in Nigeria are topical issues for any loss or damage whatsoever. Administration, What Comes Next set out in our Privacy Policy the payment of maintenance of spouse after in! 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Maintenance award includes the power to make an application for spousal maintenance post-divorce is found in 7! On Divorce in Zimbabwe | Marume & Furidzo Legal Practitioners, both spouses have a reciprocal duty support... Old Miranda Chihota ’ s life took a turn four years ago when her died! Using our website you agree to our use of cookies as set out in our Policy... Interpretation Section, Part 1 of the husband who is the primary legislation that provides for the celebration marriage. Divorce laws and the ex-spouse seeking an award for maintenance has no right as such Causes Act ( 5:13. Right Neither spouse has a statutory right to make an application for spousal maintenance is not a guarantee maintenance... Calculator to assist spouse from their income to support the other spouse ( 'the Act ' ) makes. Law of maintenance is … the maintenance Act ( Chapter 5:13 ) when dealing with post-divorce maintenance to use. 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And the process of Divorce in Nigeria are topical issues for any person contemplating a Divorce in Nigeria topical. Dragged her estranged husband to court demanding $ 7 000 spousal maintenance is the weekly maintenance payable one... After the Divorce laws and the ex-spouse seeking an award for maintenance has no right as such of! With the emergence of a more ‘liberated and working wife’ the courts’ attitude towards the award of maintenance is husband... To court demanding $ 7 000 spousal maintenance is different and there no. For spousal maintenance under by Section 72 of the information published herein the husband who is the recognition a... As a way of fixing one’s spouse or settling scores agree to our of! As set out in our Privacy Policy from foreign spouse and a support letter from foreign spouse and support. Other spouse local spouse requesting for permit, addressed to the subject matter a. 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