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Marriages in

Zimbabwe
By Larry Magwegwe & Vongai
Taziveyi
Types of marriages
1. Civil Marriage
• A civil marriage is monogamous, that is to say, it is the
lawful union of two persons to the exclusion of all
others and no person may contract any other marriage
during the subsistence of a marriage under the general
law except civil partnership. Otherwise it constitutes
bigamy which is a criminal offence
• The marriage just requires two consenting adults over
the age of 18
• Lobola is not a requirement
Types of Marriages
2. Registered Customary law union
• Requires payment of lobola and registration of marriage
• It is solemnized by Magistrates within their areas of jurisdiction
• Man can marry other women under customary law. If there is still one wife,
can upgrade to civil marriage

3. Qualified Civil marriage


• Civil marriage which is polygamous or potentially polygamous. 
• Solemnized by the Minister of religion for Islamic rites
or Apostolic faith sects
Types of Marriages
4. Unregistered Customary Law Union 
• Polygamous marriage. A man can marry many
wives under customary law.
• This marriage is characterized by payment
of lobola (bride wealth/price)
• Should be registered within 3 months but there is
no sanction for failure to do so 
• It is solemnized by a Chief within their area of
jurisdiction. 
• Can upgrade to registered customary
law marriage
Types of Marriages
5. Civil Partnership
• Relationship between man and woman staying together without
being legally married or  payment of lobola (cohabiting, situation
ships, small houses). Have a relationship as a couple living together
on a genuine domestic basis
• Can stay with a married man or woman, also applies to boyfriends
and girlfriends living together (kuchaya mapoto)
• This is not recognized as a marriage, it is only recognized for the
purposes of determining rights upon death or dissolution of the
relationship
• Parties can upgrade to Unregistered Customary Law Union if
payment of lobola is done
Traditional Custom Marriages
• Kutizisa/swa (elopement), is a common form of marriage which is still practiced amongst the
contemporary Shona society. This form of marriage occurs when a woman gets pregnant before lobola is
paid to her family and she elopes to the boyfriend/father of child's place 
• Musengabere (girl abduction), is another type of traditional marriage which involved ‘abduction’ of
the girl. A man would identify the woman of his choice. He would target the girl when she went to the
river to fetch water or firewood in the forest. He would then ‘kidnap’ the woman of his choice. After the
‘kidnapping’, the marriage process started. 
• Kutema ugariri (working for a wife), is a form of marriage that is adopted when a man is unable to pay
the lobola through the traditional cattle payments. Usually, this method is used by poorer households. It
is as a system that allows a man to get married by serving an in-law in exchange for a wife, by offering
informal or formal labour services
• Kuzvarira (child pledging), is a process in which parents give their daughter away for marriage to a
rich person, or a person who is wealthier than they are in exchange for cattle, food or any other
valuables
• Kugara nhaka (wife inheritance) is the practice where a widowed woman may marry the younger
brother of her deceased husband. This process is meant to allow the younger brother or any kinsman
from the late husband’s side to produce progeny to continue family lineage
Conclusion
• All registered marriages in terms of this Act are equal
• Parties to marriage have equal rights upon death and divorce
• All registered marriages to be dissolved by an order of court
• Spouses to any marriage have equal rights during subsistence of the marriage and upon dissolution of the marriage
• Many of the customs described above have lost their significance, usefulness, and legitimacy in the face of
modernity. As a result, there has been a gradual erosion of normative marriage customs for more informal types of
marriage unions. The idea of being bought, or paid for with cash is simply abhorrent, although the symbolism and
the respect for family remains critical to our culture. Though given such challenges, tradition still upholds the veil
of time.
• Instead of lobola being viewed or used as a purchase, it is considered to be a respectful exchange between both
families. A sign of goodwill, similar to the transfer of a wedding ring in other cultures.

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