Nyabawa Attorneys at Law, Zvishavane (2026)

14/11/2024

*the rights of surving spouses to matrimonial property*

In Zimbabwe, a surviving spouse is entitled to the following rights to matrimonial property:
Inheritance of the matrimonial home
The surviving spouse is entitled to inherit the matrimonial home and any household goods that were used there immediately before the death of the deceased.
Division of remaining property
The remaining property is divided between the surviving spouse and the children of the deceased. If there are no children or surviving spouse, the deceased's parents, brothers, and sisters will be the beneficiaries.
Customary law
Under customary law, the surviving spouse receives the matrimonial home and one-third of the net estate. If the deceased had more than one wife, the two wives share one-third of the net estate, and the children share the remaining two-thirds.
The Master of the High Court grants Letters of Administration, which are used to administer and distribute the estates of people who die testate or intestate. The executor is responsible for administering the estate, which includes obtaining assets, selling them to pay debts and taxes, and distributing the remaining assets to the beneficiaries.
It is important for widows to be aware of their rights to property and how to defend them in court. The government should also make marriage registration available for all types of marriages.

09/11/2024

Distribution of Property Upon Divorce in Zimbabwe.

All marriages in Zimbabwe are automatically out of community of property. This basically means that the property acquired by a party is his/hers and may deal with the property as they deem fit. However, all property of the spouses during the subsistence of the marriage is subject to distribution upon divorce. Only property which was acquired by either of the spouses before or during the subsistence of the marriage by way of inheritance, acquired in terms of custom or assets of sentimental value are excluded from distribution. The Matrimonial Causes Act governs distribution of property on divorce in Zimbabwe and applies to registered Customary Marriages Chapter 5;07 and the Civil marriage under Chapter 5;11.

In as much as parties may want to retain all property that is in their names upon separation, that is not always the case. There is also this general misconception that assets of the spouses should as a matter of law be distributed equally between the parties. That is not correct, the Court is guided by section 7(4) of the Matrimonial causes Act which sets outs guidelines on what the courts should consider. These are; the income-earning capacity, assets and other financial resources which each spouse has or is likely to have in the foreseeable future;
the financial needs, obligations and responsibilities which each spouse has or is likely to have in the foreseeable future;
the standard of living of the family,
the age and physical and mental condition of each spouse;
the direct or indirect contribution made by each spouse to the family, including contributions made by looking after the home and caring for the family and any other domestic duties;
the value to either of the spouses of any benefit, including a pension or gratuity, which such spouse will lose as a result of the dissolution of the marriage;
the duration of the marriage;

Among the various considerations by the Court, in determining who gets what, the courts have in most cases considered the issue of contribution. The law allows a party to prove that they made certain contributions, directly and/or indirectly towards acquisition and or maintenance of the property. Proof of direct contribution may be in the form of receipts towards purchase price or building material etc. The court will also consider proof of indirect contribution in the form of moral support, love and affection to justify award of a portion of property to a party regardless of the fact that they did not contribute financially/ directly to its acquisition or maintenance.

It is interesting to note that even those assets acquired by parties after separation but before a decree of divorce is awarded will also be available for distribution. This is simply because a marriage only terminates upon award of a decree of divorce by a competent court. But, most importantly, the whole trust of section 7 of the Matrimonial Causes Act is to place the parties as far as is reasonable and practical in the position they would have been had the marriage relationship continued between them.

In Conclusion, the distribution of assets upon divorce is not an easy task. Circumstances differ from case to case and needs expertise of a divorce lawyer to properly advise and represent client. It is therefore advisable to engage a lawyer with experience in divorce when instituting divorce

07/11/2024

A Complete Guide on Managing Surname Changes in Zimbabwe
Are you considering changing your last name in Zimbabwe? Although it may appear complicated, the process is doable with the correct information. This manual emphasises the value of legal knowledge and provides a clear road map.
Recognising Changes in Surnames:
Whether for legal or personal reasons, changing your last name is a big choice. The Births and Deaths Registration Act (Chapter 5:02) governs the procedure in Zimbabwe.
There are two ways to change your surname:
1. Forename change: This is an easier procedure. With supporting documentation, such as identification documents and birth certificates, you can submit an application to the Registrar-General's Office.
2. Change of Surname: This calls for a Notary Public-drafted Notarial Deed of Change of Name. This includes::
• Getting Documents Ready: Compile identification, marriage certificates, and birth certificates, if any.
• Public Notice: To address any possible objections, the Notarial Deed will be promoted in both a local newspaper and a government gazette.
• Registration: The Deed is registered with the Deeds Registry following the objection period.
Particular Points to Remember:
• Minors: Applications for minors must be submitted by their parents or legal guardians.
• Documentation Impact: Update any official records, such as bank accounts and passports.
• Timeframe: A few weeks may pass during the process.
Looking for Legal Advice:
It is strongly advised to speak with a family law specialist. They can handle any complications, guarantee appropriate documents, and walk you through particular criteria.
This thorough guide offers clarity and professional advice, making the process of changing one's surname in Zimbabwe easier. For individualised support, contact our team....

By Nyabawa Attorneys at Law
Disclaimer: The information in the aforementioned article is not legal advice; rather, it is meant mainly for general informative reasons. Although I contribute my knowledge and experience as a lawyer to produce educational content, the essay should not be seen as a replacement for expert legal counsel catered to your particular circumstances. Individual circumstances may influence how legal concepts are applied, and laws and regulations may differ. Therefore, before acting or making any judgements based on the information in this post, I highly advise speaking with an experienced legal expert. I disclaim all duty for any losses or damages resulting from using or relying on the information provided, and I take no responsibility for any errors, omissions, or inaccuracies in the content.

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