233
A woman is also guaranteed the retention of her citizenship or nationality during the
subsistence of the marriage under Section 48 (4) of the Act.
234
The MDFRA sets the minimum age of marriage at 18. When reviewing marriage related
laws, the Malawi Law Commission noted that in the case of the girl child, marriage
below the age of eighteen is a health hazard and that early marriage has negative
development implications. To harmonise the minimum age of marriage, the Constitution
was amended in 2017 to set the minimum age of the child at 18, and removing parental
consent for marriages of persons between the ages of 15 and 18.
235
The MDFRA makes provision for the registration of every marriage celebrated in
accordance with the Act. The Registrar enters into the Marriage Register Book all
particulars of certificates of marriage which have been filed in his or her office, place of
worship or work in Form A in the First Schedule of the Act. The Marriage Register Book
is made available for inspection during office hours and on application, a person may
make certified copies from it upon payment of a fee.
236
Polygamy in civil marriages is strictly prohibited under Section 16 of the MDFRA.
However, considering that these are still recognised at customary law, the law protects
the property interests of a woman in reference to Section 24 (1) (b) (ii) and (ii) of the
Constitution. There is however no specific marriage law that protects women in
polygamous relationships. Considering that the provisions of the MDFRA apply to all
marriages equally, women in polygamous relationships can invoke the same where need
arises. In cases of widowhood, the Deceased Estates (Wills, Inheritance and Protection)
Act has specific provisions on the protection of a spouse in a polygamous union.
237
Regarding the protection of children in the family, Section 48 (5) of the MDFRA charges
spouses to severally, or jointly with the other, exercise responsibility towards the
upbringing, nurturing and maintenance of the children of the marriage. The Act
specifically states that the spouses have a duty to maintain the children of the marriage.
Where a party to a marriage neglects to maintain the other party or to provide the needs
98