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Frequently Asked Questions: Divorce Procedure in Zimbabwe

4 years agoTue, 30 Apr 2019 10:47:48 GMT
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Frequently Asked Questions: Divorce Procedure in Zimbabwe

1. What Are The Grounds For Divorce in Zimbabwe

Incurable mental illness and irretrievable differences, the spouse that is seeking a divorce must establish one of the grounds in either a contested or opposed divorce or simple or uncontested divorce.

2. What First Step Must One take should they Decide To Divorce their Spouse?

After making your intentions known to your spouse, your first step is to fill divorce summons at the High Court. For simple or uncontested divorce where everything is settled before coming to court, the parties just sign consenting documents for filing with the court. Is the divorce is contested or opposed, litigation is needed and the parties are required to provide information to be used in litigation, etc? The process of a contested divorce may be long and costly as it may require lawyers.

3. Who must pay spousal maintenance if we get divorced?

Zimbabwe law does not guarantee the payment of spousal maintenance after the divorce has been finalized. However the spouse asking for maintenance must show that they are not in a position to maintain themselves, therefore, they require help from their former spouse.

4. Who is suppose to be granted custody of minor children?

Zimbabwe laws favor the granting of sole custody to one parent, usually the mother, the non-custodial parent has the right of reasonable visitation to the child which the court will only refuse under exceptional circumstances.

5 How are assets acquired during the union supposed to be shared?

The court may divide both matrimonial property and the personal assets of either spouse in a fair and equitable manner. Assets owned by the spouses individually – even those acquired before marriage – are considered when deciding how to apportion property.

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