A legal Perspective: Application for Maintenance Requirements in Zimbabwe.
FUNGAI CHIMWAMUROMBE AND TAPIWA MUJAJI
Maintenance, also referred to as spousal support or alimony, is a crucial component of family law in Zimbabwe.
The application procedure for maintenance requirements is governed by Zimbabwe’s Maintenance Act [Chapter 5:09].
An outline of Zimbabwe’s legal system and the steps involved in requesting maintenance is given in this article.
Who is Eligible for Maintenance?
In Zimbabwe, maintenance may be claimed by:
- A spouse (husband or wife) during marriage or after divorce.
- Children (minor or major) for support and education.
- A divorced spouse who lacks sufficient means to support themselves.
Grounds for Maintenance
To qualify for maintenance, the applicant must demonstrate:
- Lack of financial support from the other spouse.
- Inability to support themselves due to circumstances (e.g., illness, unemployment).
- Dependence on the other spouse during marriage.
Issues regarding claiming maintenance;
As stated in the Maintenance Act [Chapter 5:09], it is common knowledge that a child’s parents have primary and joint responsibility for paying their maintenance until the child reaches majority or is able to support themselves. There are certain issues that arise when one is claiming for maintenance. For example, when claiming maintenance for children we have to consider the child’s unique requirements, the parties’ economic potential, and their social standing in the country. An additional cost can be justified, for instance, if a child has a medical condition that necessitates consistent medication.
Regarding the income-earning capacities of parties, if one party is unemployed or has no known source of income, only the other party’s income may be considered. The court will take into account a number of considerations while deciding on the amount of maintenance, such as the parties’ financial commitments, requirements, and ability to make an income.
In a situation where spousal maintenance has been claimed if the responsible party remarries the amount of maintenance may be decreased however, they still have a responsibility. If a spouse that was being supported remarries, they are no longer eligible for maintenance from their previous marriage. It is important to note that a marriage certificate does not guarantee maintenance after a marriage is dissolved.
The courts have the authority to vary the maintenance amount in the event of a change in circumstances, such as higher expenses or lower income. A garnishee order can be requested to deduct the maintenance amount from the respondent’s pay if the responsible party is defaulting. The person obligated to pay maintenance may be arrested if they fail to comply with the court order.
Applying for maintenance in Zimbabwe requires careful consideration of the legal framework and procedures. It is essential to seek guidance from a qualified legal practitioner to ensure a successful application.
Fungai Chimwamurombe is a registered legal practitioner and Senior Partner at Zenas Legal Practice and can be contacted for feedback at fungai@ zenaslegalpractice.com and WhatsApp 0772 997 889.
Tapiwa Mujaji is a registered legal Practitioner and an Associate at Chimwamurombe legal Practice and can be contacted for feedback at tapiwamj@zenaslegalpractice.com. Whatsapp +263 77 263 9820
