Inheritance Rights: Wives, Girlfriends Now on Equal Footing
By Kwedu News
Zimbabwe has taken a step towards promoting equality and justice with its new marriage law, granting equal inheritance rights to women in registered unions and “girlfriends” upon the dissolution of a marriage or death of the husband.
The Marriage Act (Chapter 5:15) was signed on May 27 and came into effect at the end of August 2024, Kwedu News can reveal.
The law aims to address the plight of women like Spencer Rupiya’s mother, who was denied inheritance rights due to lack of lobola (bride price) payment.
Legal analyst Zororo Nkomo says the law is a benefit to women who have not officially regularised their unions with their partners besides living as a couple upon death of the man.
“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.
“Most women in Zimbabwe have not had their lobola paid, yet they have built homes and acquired properties with their husbands,” he says.
Zimbabwe Widows, Widowers and Orphans Association member, Judith Kavu, welcomed 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,” she says.
Examples are whereby even children of spouses not formerly married struggle to retain their home if the father dies as the mother will not be recognized by extended relatives.
Lawyer, Rumbidzai Venge, says significant in the new law is the recognition of traditional marriages and civil unions.
“The most notable changes in the new law are the recognition of civil and customary law marriage as the same.
“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,” she says.
Zimbabwe Women Lawyers Association Director, Abigail Matsvayi, says the new provisions seek to protect women in civil partnerships.
“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.
“A Matrimonial Causes Act will be used to determine the dissolution of the relationship, and how property is shared.” She says.
