Can I terminate my foreign recognized marriage in Zimbabwe?

The proceedings for the dissolution of a marriage and the consequent disposition of assets of spouses who got married outside of Zimbabwe can be conducted in Zimbabwe on the basis of the applicable foreign law in accordance with section 25 of the Civil Evidence Act [Chapter 8:01].

In terms of section 25 of the Civil Evidence Act [Chapter 8:01] a court is precluded from taking judicial notice of the law of any foreign country or territory, nor to presume that the law of any such country is the same as the law of Zimbabwe. There would thus be need for an examination of the foreign law concerning divorce. Thus, any person who, in the opinion of the court, is suitably qualified to give expert evidence as to the law of the foreign country or territory, based on account of their knowledge or experience shall give evidence. In considering any issue as to the law of any foreign country or territory, the court will have regard to:

1. Any finding or decision purportedly made or given in any court of record in that country or territory, where the finding or decision is reported or recorded in citable form; and

2. Any written law of that country or territory;

3. Any decision given by the High Court or the Supreme Court as to the law of that country or territory.