Remarriage Requirements Revised

The Judicial Service Commission has introduced new formal documentation requirements for individuals seeking to remarry after a divorce or the death of a spouse.

The goal of the new regulations is to ensure that anyone looking to enter a new marriage is legally free to do so, and that the interests of any minor children from a previous marriage are protected.

“Up to now, almost all marriage officers have wanted to see such paperwork, but it is now compulsory,” said Fidelis Munyoro, Chief Court Reporter.

For those remarrying after a divorce, a certified copy of the divorce order is required. In cases of remarriage after the death of a spouse, the surviving partner must provide the deceased’s death certificate.

Additionally, the commission is mandating that the surviving spouse obtain a declaration from the Master of the High Court. This declaration must demonstrate that all legal requirements pertaining to the deceased’s estate and the support of any minor children have been properly followed.

“The law allows people to write a will leaving their assets where they wish, and, when there is no will, the general law sees those assets divided equally between a surviving spouse and any children,” explained legal expert Vote Muza. “But the law also has measures that modify a straight forward distribution, at least in the immediate future, with at the very least minor children having use of the assets in the meantime.”

The new regulations also impact Zimbabweans seeking to marry foreign nationals. In these cases, the foreigner must provide a certificate of non-marriage from their country of origin, confirmed by their local embassy and authenticated by their home government.

The Law Society of Zimbabwe has voiced support for the new requirements, though president Tambudzai Matambo noted the need to balance children’s rights with other individual rights.

“We are obviously in support of the protection of children’s rights but this must also be balanced with the protection of other rights that individuals may have,” Matambo said.