Authored By: Tapiwa Moon
Great Zimbabwe University
Abstract:
From ancient times marriage has always been regarded as a sacred harmony of not only two individuals but also meant the coming together of two families. It is a highly celebrated and cherished event which brings families and friends closer together. Some authors posit that it is a “cog” in which life revolves and where society begins.[1] This article seeks to investigate the sacred institution of marriage and how it has been affected by technological changes. In the 4th Industrial Revolution (4IR) the institution of marriage has been disrupted and as such forced people to maintain the institution by solemnising marriages online. This is a way of letting loved ones enjoy their marriages regardless of distance. However, the question arises if it’s a valid marriage to begin with and in which jurisdiction will such a marriage be expected to conform to?
Introduction
4IR tools like metaverse redefine the meaning of intimate relationships and marriage. A family is a product of marriage and is intrinsic to the welfare of the society. It bestows a higher status to men and women who commit to this institution.[2] Scholars confirm that culturally men and women are expected to be in marriage for happiness, companionship and procreation.[3] Other academics converge on the idea that marriage in the metaverse is defined as “a formal commitment between two users within a virtual space which includes virtual ceremonies, exchanges of commitments and smart contracts.” It further eliminates geographical constraints and encourages marriage beyond borders.[4] Technological advancements have promoted the policy values of autonomy and the freedom of choice. This has led to social interactions being dependent on technology which has changed the way in which people view and maintain intimate relationships.[5] There has been a significant shift in economic capabilities which have forced people to migrate. Hence in an effort to maintain the relationships, digital technology is fast becoming the saviour of the day. The question is, what challenges come with the transition from traditional marriages to virtual marriages and are there any legal implications?
Origins of virtual marriages
The Utah Zoom wedding is a practice that was instigated as a result of the Covid 19 Pandemic. During this period couples physically located outside the United States were able to marry under the Utah Law through an online ceremony.[6] Through the Utah Zoom Wedding, couples got married without having to leave their home country and be in the same physical space with the officiant solemnising the marriage.[7] Legal challenges arise in ascertaining the validity of such a marriage abroad in the couple’s home country.
The Principle of Lex loci celebrationis
The validity of marriages can be ascertained by borrowing from the principle of lex loci celebrationis. It is a widely adopted principle across the globe. Virtual marriages are often conducted via video conferencing before a foreign authority.[8] The question that creates contention is determining the place where the marriage is celebrated. The geographical separation of the officiant and the parties seeking to wed, brings uncertainty where the traditional marriage method has offered a clear cut solution for many years.[9] Family law experts often debate on the fact that the place of marriage is in the state in which the parties give their consent remotely or whether it is in the place where the officiant who solemnises the wedding is located. The 1978 Hague Convention was enacted to facilitate the celebration of marriages. Article 2 of the Convention relates to and invokes the lexi loci celebrationis principle.[10] Although the Hague Convention was enacted prior to the 4IR it places a higher emphasis on the lexi loci celebrationis principle. It supports this principle by recognising marriages that have been validated by a particular jurisdiction.[11] A major requirement to note, is that the officiant must be physically present to conduct the solemnisation and registration procedures subject to the law of the state in which their authority is derived from. The principle of lexi loci celebrationis states that the state where the betrothed reside at the time of making vows is the one they turn to for recognition of the union.[12] Various academics concur with the notion that formal marriages are always celebrated in the place where the officiant is located.[13] After the marriage ceremony which is done via video conferencing, the married couple must register the marriage in the state they were physically in when they made their vows online. The digital space creates an opportunity for marriages to survive despite distance, however it is not all jurisdictions that have embraced this technological change. Developing countries such as Zimbabwe have embraced technological advancements led by the 4IR, but are yet to practice virtual marriages.
Implications for Zimbabwe
Marriages in Zimbabwe are regulated by the Marriages Act.[14] It was enacted to correct gaps in law by recognising and registering customary law unions and recognising civil partnerships.[15] In terms of section 78 of the Constitution of Zimbabwe, parties that seek to enter into a marriage must be 18 years of age and must have consented to such a union.[16] It addresses the previous exceptions for allowing younger marriages with parental or ministerial consent.[17] The Marriage Act does not refer to virtual marriages though amendments were done during the 4IR. The amendments have not fully embraced the digital changes taking place globally. This leads to marriages that have been solemnised as virtual marriages to fall under civil partnerships. The disadvantage of this lies in matters of divorce.[18] Civil partnerships have less protection than a registered marriage. The reluctance to adapt to modern way of transacting and the insistence of having the officiant and the parties wedding to physically meet creates challenges for those married using the online platforms. Challenges are encountered where the parties involved in an online marriage seek dissolution of property upon divorce.
Conclusion
Virtual marriages offer an opportunity to make romantic relationships more meaningful and sustainable by using online platforms. Zimbabwe’s marriage system is entrenched in the traditional marriage values where the parties getting married are physically present in the same space with the officiant. However with the advent of 4IR tools and the recognition of virtual marriages by other States it shows that virtual marriages will soon be the order of the day.
REFERENCES
Legislation
Constitution of Zimbabwe (Amendment No. 20) Act of 2013.
Marriage Act [Chapter 5:17] No 1 of 2022.
Hague Convention, HCCH Convention of 14 March 1978, Celebration and Recognition of the Validity of Marriages.
Journal Articles
Canisius Mwandayi, ‘Towards a Reform of the Christian Understanding of Shona Traditional Marriages in light of Ancient Israelite Marriages’ Midlands State University
Gerald Dandah & Manase Kudzai Chiweshe ‘Introduction to Marriage in Contemporary Zimbabwe’ (2024) Ed Routledge
Jordan Strathmann, ‘Virtual Marriages’ (2025) Law Sci Forum Minnesota Journal of Law Science and Technology
Neda Mohammadi, Saeed Kheradmandi & Javad Pourkarami ‘Marriage in Metaverse-Redefining Traditional Concepts in the Digital Age’
Naivi Chikoc Barreda ‘Recognition of Cross-Border Remote Marriages and Divorce in the Digital Age’ (2025) European Journal of Law and Technology, Vol 6 No. 2
Online Articles
Conflict of law.net ‘The Validity of the Utah Zoom Wedding in Lebanon-Locus Clebrationis in the Digital Age’ accessed 28 January 2026 https://conflictoflaws.net/2025/the-validity-of-the-utah-zoom-wedding-in-lebanon-or-the-question-of-locus-celebrationis-in-the-digital-age
[1] Canisius Mwandayi, ‘Towards a Reform of the Christian Understanding of Shona Traditional Marriages in light of Ancient Israelite Marriages’ Midlands State University < https://orcid.org/0000-0002-3896-8346 >
[2] Gerald Dandah & Manase Kudzai Chiweshe, ‘Introduction to Marriage in Contemporary Zimbabwe’ (2024) 1st Ed Routledge 23.
[3] Ibid.
[4] Neda Mohammadi, Saeed Kheradmandi & Javad Pourkarami https://doi.org/10.61838/kman.lsda.3.3.7 ‘Marriage in the Metaverse: Redefining Traditional Concepts in the Digital Age’.
[5] Jordan Strathmann,‘Virtual Marriage’ (2025) Law Sci Forum Minnesota Journal of Law, Science and Technology.
[6] Conflict of Law.net ‘The Validity of the Utah Zoom Wedding in Lebanon- Locus Celebrationis in the Digital Age’ < https://conflictoflaws.net/2025/the-validity-of-the-utah-zoom-wedding-in-lebanon-or-the-question-of-locus-celebrationis-in-the-digital-age/ > accessed 28 January 2026.
[7] Ibid.
[8] Naivi Chikoc Barreda, ‘Recognition of Cross-Border Remote Marriages and Divorces in the Digital Age’ (2025) European Journal of Law and Technology, Vol 16 No.2.
[9] Ibid.
[10] HCCH Convention of 14 March 1978, Celebration and Recognition of the Validity of Marriages. Article 2 states that “the formal requirements for marriages shall be governed by the law of the State of celebration.”
[11] Ibid.
[12] Naivi Chikoc Barreda (n8).
[13] Ibid.
[14] Marriage Act [Chapter 5:17] Act No. 1 of 2022.
[15] Marriage Act [Chapter 5:17] section 5 (5) declares that all marriages registered under the Act including civil and customary unions hold equal status. Section 17 addresses the previous legal gaps by formalising the legal status of women in unregistered unions.
[16] Constitution of Zimbabwe (Amendment No. 20) Act of 2013.
[17] Ibid. Section 81 then distinguishes what defines a child is by stating that a child is anyone under the age of 18. Section 26 places a duty on the State to prevent the pledging of children in marriage.
[18] See section 41 of the Marriage Act Chapter 5:17 Act No. 1 of 2022.
