Civil unions (mapoto) not entitled to inheritance- Master of High Court

The Master of the High Court has clarified that civil partners in “kuchaya mapoto/umasihlalisane” unions are not entitled to inheritance.

Only legally married spouses inherit estates, while civil partners can only share assets jointly acquired during the relationship.

 

Apparently, Zimbabwe recently ushered in a new marriage law that gives equal rights to “girlfriends” and women in registered unions upon the dissolution of a marriage or death of the husband.

 

Marriage Act (Chapter 5:15) was signed May 27 and took effect at the end of August.

 

“The most notable changes in the new law are the recognition of civil and customary law marriage as the same. As under customary law marriages, parties were not considered to be married at law,” Rumbidzai Venge, a lawyer based in the nation’s capital of Harare, told Anadolu Agency.

 

“Upon the death of a husband or dissolution of the marriage, very little could be experienced in terms of property rights, particularly by women who were disenfranchised in a lot of these unions,” he said.

 

Unlike in the past, the new law recognizes civil partnerships, which are not marriages but are recognized only for property sharing.

 

A civil partnership is a relationship between a man and woman older than the age of 18 who live together on a genuine domestic basis. The union can co-exist with any other marriage, including a civil union.

 

“So, when the relationship is terminated, any one of these two can use the civil partnership provision, to get protection which is also accorded to married people that are divorcing,” Abigail Matsvayi, director of the Zimbabwe Women Lawyers Association, told the Turkish news agency.

 

“A Matrimonial Causes Act will be used to determine the dissolution of the relationship, and how property is shared.”

 

The use of the Matrimonial Causes Act was not possible for any marriage apart from civil marriage in the past.

 

Judith Kavu, a member of the Zimbabwe Widows, Widowers and Orphans Association, told Anadolu Agenct that she was happy with the new law.

 

“As an organization that deals with victims of unregistered marriages in most cases, we welcome this new law as it is progressive as it is in line with the principle of equality stated in the Constitution and our laws,” said Kavu.

 

Legal implications

 

The new law has brought a radical change to marriage laws in Zimbabwe with the Marriage Act (Chapter 5:11) and Customary Marriages Act (Chapter 5:07) being repealed.

 

Civil marriages under the Marriage Act were considered superior and handled differently upon divorce. But now all marriages are treated equally, giving Zimbabweans in other marriages more rights to inherit property.

 

“In terms of inheritance, it just means that those in a civil partnership are now on equal footing with other marriage regimes upon the dissolution of their marriages.

 

“There is concern out there that the new law is now giving rights to ‘girlfriends’ but in Zimbabwe, 80% of unions are not registered and most women are in unions where they are having kids but still being regarded as girlfriends,” legal analyst Zoro Nkomo told Anadolu Agency.

 

“Most women in Zimbabwe have not had their lobola, or bride price, paid, yet they have built homes and acquired properties with their husbands, and often the wives and even children sired out of these unions are left out of the inheritance. This is what this new law seeks to resolve,” added Zoro.