The language in the Divorce Act is clearly discretionary and the ex-spouse seeking an award for maintenance has no right as such. Parties to a marriage have a right to make an application for spousal maintenance under by section 72 of the Family Law Act 1975. the celebration of marriage in Nigeria. a profession. Full-Service Business Law Firm in Harare, Zimbabwe +263 (772) 889-458. ChimwaMurombe Legal Practice Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The defendant be and is … general information purposes only and do not constitute our legal or published herein. The Divorce Act, 70 of 1979 ('the Act'), makes provision for court orders relating to maintenance. The maintenance court is enjoined to Alick Macheso. Telephone: 263 242 700609 The following general guidelines enunciated by Professor Hahlo are 4] The reciprocal duty of support, that arises between spouses, comes to an end on the termination of the marriage, whether by death or by divorce. Contrary to the belief of many, men can also claim maintenance from … Notary Law Maintenance cannot be The content of this article is intended to provide a general Thus the court in marriage. Marriage LEGAL PRINCIPLES RELATING TO SPOUSAL MAINTENANCE . Spousal maintenance is the financial support of one spouse by the other spouse following the breakdown of a marriage. When spouses legally separate or divorce, the court may make an order for one of the spouses to pay a certain monthly amount of money as maintenance. Mercury House We are a specialized boutique firm whose practice areas include General Counsel, Property Counsel, Recovery Counsel, Corporate Counsel, and IP Counsel. The law of maintenance is … All Rights Reserved. dissolved. Specialist advice should be sought Nigeria. law union is also recognised for maintenance purposes in terms of section 6(3) Nyakutombwa Legal Counsel (NLC) was established in 2012. maintenance. In a case where a spouse has been looking after themselves since separation and he or she is still young and is not disabled in any way, and earns a reasonable income then maintenance will not be granted. However, at times the parties do not get the happy ending that they assumed they would have and the marriage comes to an end. followed by our courts in determining post-divorce spousal maintenance in terms for a period long enough to enable them to be trained or retrained for a job or If a young woman has given up work she will be awarded short term maintenance Harare, Feb 15 (IANS): Zimbabwe will receive a donation of 200,000 Covid-19 vaccine doses from China on February 15, Information Minister Monica Mutsvangwa said. It is a business law firm located in Harare, Zimbabwe. Spousal Maintenance is different and there is no calculator to assist. people have a reciprocal duty of support in proportion to their earnings or means. after divorce will not be awarded maintenance if they have no young children. Elderly towards the award of maintenance has been changing the world over. The divorce laws and the process of divorce in Nigeria are The duty of support is a legal consequence of Spousal Maintenance is not a right Neither spouse has a statutory right to maintenance. The discretionary power of the court to make a maintenance award includes the power to make no award at all. To print this article, all you need is to be registered or login on Mondaq.com. Divorce Laws And Process Of Divorce In Nigeria, How To Take Over The Property Of Someone Who Has Died, Grounds For Divorce In Ghana: - The Basics, Overview Of Statutory Marriage In Nigeria, Understanding The Process Of Obtaining Grant Of Probate And Letters Of Administration At The Probate Registry (The Lagos Example). Spousal support is the recognition in a marriage or de facto relationship of the mutual obligations of both parties to maintain each other. Required fields are marked *. previously decided cases. Harare, Zimbabwe After Obtaining A Grant Of Probate Or Letters Of Administration, What Comes Next? certificate is not a guarantee of maintenance after the marriage has been The court is guided by the according to their means. A marriage to tide her over until she finds a new job. It is a business law firm located in Harare, Zimbabwe. whatsoever nature which may arise from reliance on any of the information obligations of spouses during marriage and at its dissolution; and, (d) in the event of dissolution of a marriage, whether through The plaintiff shall pay post divorce spousal maintenance in the sum of US$150.00 per month for 3 years from the date of this order. In a judgment by a Bench of Justices Indu Malhotra and R. Subhash Reddy, the top court declared that… It is up to the spouse claiming maintenance to show that she is not in a position to maintain herself and therefore needs assistance from her former spouse. Fully completed Residence permit application form 2. Ms Manyara Masedewe was awarded the order for payment of US$150 spousal maintenance, but a Bulawayo magistrate reportedly bungled and set aside the … NewZimbabwe.com – The Zimbabwe News You Trust is Zimbabwe’s leading online newspaper and published by New Zimbabwe Media Ltd. Labour Law A spouse in need can claim maintenance from the courts if he/she is able to establish that he/she does not have sufficient means to support himself/herself. Close relative Guarantee form to be completed by a resident of Zimbabwe Post-divorce spousal Maintenance Though in her plea the defendant had asked for maintenance for herself and the child, post divorce spousal maintenance was not persisted with as evident from the pre-trial conference minute. provides as follows: The divorce and separation in zimbabwe: distribution of property and custody rights Marriage is meant to be for a lifetime, or at least that is the general order of things. AN adulterous Mutare woman recently stunned the Mutare Civil Court when she dragged her estranged husband to court demanding $7 000 spousal maintenance. making an order for maintenance must have regard to a number of factors therefore not uncommon to find maintenance being awarded in favour of the husband. guide to the subject matter. Strydom v Strydom (AR 598/2011) [2012] ZAKZPHC 21; 2012 (6) SA 482 (KZP) (3 April 2012) China has listed Zimbabwe among the first three African countries that will get free doses of the Chinese vaccine, along with 11 other developing nations, Xinhua news agency reported on Saturday. including the standard of living of the parties, their means and By using our website you agree to our use of cookies as set out in our Privacy Policy. Full-Service Business Law Firm in Harare, Zimbabwe +263 (772) 889-458. 19 November 2014. © Mondaq® Ltd 1994 - 2021. maintenance until the spouse dies or remarries. Married people have a reciprocal duty of support in proportion to their earnings or means. MUREWA, Zimbabwe. women who have been married for a long time and are too old to now go out and Spousal maintenance is the weekly maintenance payable by one spouse from their income to support the other spouse. 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