The Marriages Act's Section 41 recognizes and protects the rights of unmarried cohabitating couples in Zimbabwe, known as kubika mapoto, kuchaya mapoto, or masihlalisane. The Act does not view these arrangements as legal marriages, though. According to the law, a legitimate marriage must be formally conducted, registered, or approved under the Act's requirements. Therefore, civil partnerships between unmarried men and women who live together are acknowledged relationships but not valid marriages in Zimbabwe.
South Africa's Constitutional Court addressed this matter in Volks NO v Robison & Others. It declared that people who forgo marriage and its associated legal duties and privileges cannot subsequently claim those same legal benefits. When individuals select cohabitation rather than marriage, they must accept the consequences of that choice. The court maintained that deciding to marry is a critical life event, and opting not to wed is also a significant factor in a person's life path that cannot be ignored when evaluating legal rights and obligations.
South Africa's Constitutional Court addressed this matter in Volks NO v Robison & Others. It declared that people who forgo marriage and its associated legal duties and privileges cannot subsequently claim those same legal benefits. When individuals select cohabitation rather than marriage, they must accept the consequences of that choice. The court maintained that deciding to marry is a critical life event, and opting not to wed is also a significant factor in a person's life path that cannot be ignored when evaluating legal rights and obligations.
