Category: Legal News

MARRIAGE CLEARANCE

Posted by Linda on

Are you a Zimbabwean intending to marry a foreigner in Zimbabwe?

If the answer to the question paused is yes then the brief write-up below is for you.

Should you be a Zimbabwean citizen planning to wed a foreign national in Zimbabwe, you must first secure a marriage clearance from Zimbabwe’s Immigration Department. In order to receive a marriage clearance, an individual must provide the Immigration Department’s personnel with the necessary documentation upon application. The required documentation includes a letter addressed to the Chief Director of Immigration requesting the marriage clearance. The letter to the Chief Director of Immigration should have the documents below as attachments:

(i) A certified copy of the Zimbabwean spouse’s national identity document.
(ii) A certified copy of the Zimbabwean spouse’s non-marriage certificate, issued by the Registrar of Marriages within a six month period.
(iii) A notarized copy of the foreign spouse’s passport (bio page).
(iv) A notarized copy of the foreign spouse’s proof of legal entry or residence in Zimbabwe.
(v) A police clearance for the foreign spouse from the authorities of their country of origin or previous permanent residency.
(vi) Non-marriage certificate for the foreign spouse, granted by the authorities from their place of origin or previous permanent residence.

Additionally the foreign spouse may provide notarized copies of their birth certificate and drivers license.

Do not burden yourself with the stress of having to comply with certain procedures, rather engage our team of attorneys to assist you in obtaining a marriage clearance while you focus on planning the big day.

 

Make sure to book your appointment today to speak to one of our competent attorneys who will advise you on the next steps.

NON MARRIAGE CERTIFICATE

Posted by Linda on
With the recent spike in Zimbabweans flocking to the diaspora there has been an increase in the number of marriages contracted. The piece below will shed light on a very important document that one must possess in the event that they intend to get married abroad.
For a Zimbabwean to get married abroad they need to obtain what is termed a certificate of no impediment or non-marriage. Certificates of no impediment are granted to citizens of Zimbabwe who want to get married for the first time or are divorced and want to get married again. Such a certificate can be sought for in person or through a nominee at the Makombe Building in Harare, Zimbabwe, where the Registrar of Marriages is located.
A Certificate of Non marriage or letter of no impediment:
What is it?
When a citizen of a nation plans to get married in a foreign land (overseas), a certificate of non-marriage serves as official documentation of that person’s marital status. The Registrar of Marriages issues the certificate attesting to the fact that the applicant’s planned marriage is unhindered by law as they are not currently bound by marriage to another. Once the certificate is issued it is valid for a period of 6 months and if such time frame lapses before its intended use the applicant may have to re-apply for a valid non marriage certificate. This is a document that shields foreigners hoping to wed Zimbabweans from the humiliation of getting married to someone who might still be legally married to someone else. It also reassures the foreign spouse to be of their partners single status as the document speaks for itself.
The following paperwork must be submitted to the Registrar of Marriages for one to receive a certificate of no marriage:
The documents to be submitted to the Marriages Registrar must be authenticated at the Zimbabwean embassy or consulate from the country where the Applicant is resident.
i. A copy of the applicant’s birth certificate,
ii. A duplicate of their passport’s information page (bio page).
iii. A copy of the last stamped page of their passport.
iv. Letter of authority or Special Power of Attorney (in the event that the applicant plans to pick up the certificate through an agency)
Understanding a Family Trust

Setting up Family Trusts

Posted by nnlaw on with 0 Comment

A Family Trust is created through a legal document called a Notarial Deed of Trust or Notarial Deed of Family Trust. This document is prepared only by a Notary Public who is a Legal Practitioner. A Notarial Deed of Trust is lodged and registered at the Deeds Registry Office in terms of the Deed Registries Act Chapter 20:05. The document sets out all the terms governing the trust in relation to founders, trustees, beneficiaries, objectives and all issues to do with the functioning of the trust.

Requirements

The following are the key requirements in registering a Family Trust or any other Trust for various purposes and objectives. A Trust is required to have:

  • The proposed name of the Family Trust
  • Founder(s)
  • Trustees
  • Beneficiaries and
  • The objectives of the Trust.

A proposed or suggested name of the Family Trust is required. In most cases the founders propose the family surname for example Moyo Family Trust.

Founder

A Founder is the person desirous of creating a Family Trust. A Founder can be one person or more. The full name of the Founder as appears on identity documents must be provided as well as their date of birth, identity number and addresses. Usually Founders are parents or a relative who creates a Family Trust for their children and grandchildren as well as those not yet born, to benefit from certain donated properties. A Founder is entitled to make a donation to the trust   and it can be immovable or movable property. If the Founder donates an immovable property to the Trust, transfer of rights is done through conveyancing from the individual names of the Founders to the trust. The immovable property is then registered in the name of the Trust not in the individual names of the beneficiaries. A Founder can also be a trustee.

Trustee(s)

A Trustee is a person appointed and authorised by the Founder to manage property on behalf of the beneficiaries. The property does not belong to the Trustees but the Beneficiaries. It is required that a Trust must have a least two Trustees at any given time. In most cases the Founders become the Trustees or they can appoint a trusted relative or any other person who may be a professional or has knowledge in property management. It is advisable to appoint as Trustees people who own properties and have knowledge in running a business to ensure the efficient management of the Trust property. The full names of the Trustees are required, date of birth, ID number and physical addresses. Appointment, tenure, removal, remuneration and duties of the Trustees will be stated in Trust Deed.

Beneficiaries

Beneficiaries are people who are intended to benefit from the Trust. Property is donated by the Founders to the Beneficiaries but is managed by the Trustees on behalf of the Beneficiaries. In most cases the Beneficiaries are children of the Founders or any other relatives. Grand children may also be listed as Beneficiaries as well as the unborn children of the Founders. Beneficiaries can be as many as the founders desire since there is no minimum or maximum limit. If the Beneficiaries are known, their full names, date of birth, ID numbers are required. If the Beneficiaries are minors the names and identity details of the guardians are required. The terms and conditions on how the Beneficiaries will benefit will be stated in the Trust Deed.

Objectives

Objectives of the Family Trust are also required when registering a Trust. The objectives must be lawful. The objectives differ depending with the intentions of the Founders. Usually it is the love and affection that the Founders have for the Beneficiaries. It is more often the role of the Notary Public (Legal Practitioner) to formulate the objectives with the instructions of the founder. Another requirement is the registration fee required by the Deeds Office which is gazetted by the government as well as the legal fees for the Notary Public for preparing the document.

Benefits

There are a number of benefits that comes with registering a Family Trust, which are:

  1. A trust has perpetual succession. This means that a Trust does not die. Upon the death, demise or incapacitation of the Founder or Trustees the Trust is not liquidated but continues to operate until dissolved by the Trustees of the time being in accordance with the provisions of the Trust Deed.
  • There are tax benefits. A Trust enjoys some tax exemptions for example when the Founder passes on, property registered in the Trust is not distributed under the Deceased Estates Succession Act where the government calculates taxes against the total value of the Estate. The property survives as if nothing happened.
  • A Family Trust also prevents inheritance wrangles and disputes between children and relatives. The property registered or donated in a Trust is not subject to distribution upon death of the Founders. The property remains as if nothing happened.
  • Property belonging to a Family Trust is also protected from creditors in the event that the Founder has passed on. Creditors cannot claim a property registered in a Family Trust.
  • There is protection of family property as it is managed by Trustees on behalf of the Beneficiaries or children. A Family Trust can benefit future generations. No child can sell or destroy property belonging to the Trust. A Family Trust also prevents abuse of property and funds as it is managed by Trustees. Beneficiaries can equally enjoy the profits accrued in a Family Trust.
  • A Trust, through Trustees, is considered by the law as a separate legal entity. This means that even where there is a legal dispute be it contractual, criminal or matrimonial against the Founder or Trustees, the property in the name of the Family Trust cannot be regarded as belonging to the Founder or Trustees. They are treated separately except in exceptional cases provide for by the law.
  • A Trust enjoys contractual rights. This means that a Trust can enter into valid contracts with individual or entities. A Trust can also operate and own a company. A trust can be a shareholder in any business and is allowed to trade for the benefit of the Beneficiaries. A Trust can also own or dispose immovable or movable property.

This article is published for information purposes only – seek professional legal advice from an attorney.