Family Law

Rights in Marriage πŸ’

Rights are entitlements that a husband or wife enjoys in the marriage. In a traditional setup, a husband may have the right to be cared for, while a wife has the right to be provided for by the husband. However, a couple can agree on their own rights depending on their needs and preferences.

Obligations in Marriage 🀝

Capacities and Incapacities in Marriage βš–οΈ

Capacities are the abilities that each spouse brings to the union. For instance, a wife may bring the ability to conceive and bear children πŸ‘Ά, while the husband may provide the material needs for the family.

Incapacities refer to the limitations or inabilities within the union. For example, an uneducated or unskilled spouse may not be able to earn a living or contribute financially to the household.

Legal Implications in Marriage πŸ“œ

The rights and obligations in a marriage are not solely determined by the couple but are also governed by law. The type of marriage entered into (Statutory or Customary) will determine how inheritance and other legal matters are handled, particularly in the event of death.

Elements of Family Law πŸ›οΈ

Types of Marriages in Zambia πŸ‡ΏπŸ‡²

Statutory Marriage πŸ“‘

A Statutory marriage is a legal union of one man and one woman for life, excluding all others (monogamous). It is also called a Civil Marriage.

Customary Marriage 🏺

A Customary marriage involves a union based on traditional customs. It may allow polygamy, where a man can have more than one wife.

Other Forms of Marriage πŸ’

Religious Marriage β›ͺ

A Religious marriage must be followed by legal registration at the civic offices to be legally recognized.

Co-habitation 🏠

Co-habitation occurs when a couple lives together without formal marriage. It is not legally recognized even if they have children.

Void and Voidable Marriages ⚠️

Void Marriage: A marriage that is invalid from the start, such as a marriage between relatives or one that lacks proper consent.

Voidable Marriage: A marriage that is initially valid but can later be annulled due to issues like impotence or infidelity.

Divorce πŸ’”

Customary Divorce 🏺

This can occur with the approval of both families or through local courts.

Statutory Divorce πŸ“œ

According to the Matrimonial Causes Act of 1973, the only ground for divorce is that the marriage has broken down irretrievably due to reasons like adultery, desertion, or unreasonable behavior.

Property Settlement 🏠

In Customary Marriage, the woman may receive compensation to restart her life after divorce. In Statutory Marriage, property is typically divided based on contributions to the marriage. Courts may allocate 50% to each spouse or divide the property based on other factors.

Maintenance of Spouse and Children πŸ’΅

Both spouses are legally required to support each other financially during and after marriage. The Affiliation and Maintenance Provisions Act ensures that children receive support from their parents even if born out of wedlock.

Adoption of Children πŸ‘Ά

Adoption in Zambia is governed by the Adoption Act. Couples or individuals may adopt children if they meet specific criteria, including living in Zambia and caring for the child for at least three months. Adoption Societies help manage the process, but adoption is not allowed if the child has a living parent or guardian providing care.

Succession and Inheritance πŸ“œ

In Zambia, inheritance is governed by the Intestate Succession Act when no will is left. The estate is divided as follows:

Victim Support Unit (VSU) πŸ›‘οΈ

The Victim Support Unit (VSU) was created to address family-related crimes such as domestic violence, child abuse, and human trafficking. They offer support, investigation, and legal services to affected families.

Sample Questions ❓