Legal Question in Family Law in Zimbabwe
A man was married under the chapter 37 now known as act 5.1.
.1 when he found out that he was hiv positive his wife refused to be his wife though this was not registered.he tried getting her back but she refused and he later remarried after three years customarily when he dies what happens to his second wife since he had not terminated his previous marriage
1 Answer from Attorneys
What do you mean by "Though he was not registered"?what was not registered?Your answer is dependent on registration.kindly clarify your question.
however the law recognizes a registered marriage and not an UCLU(i.e unregistered customary law union.)An UCLU is regarded as a tacit universal partnership,as such will only affect distribution of property that the customary wife acquired during their union.
A point to note however is that this UCLU is difficult to enforce since its perpetuating a criminal wrong.It is illegal for a man to marry another wife whilst he is contracted in a strictly monogamous union. the question is therefore whether the court will even entertain the customary wife's claim.
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