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CHILD & FAMILY LAW.
Can parties divorce in Zimbabwe if they have not lived together for one (1) year?
The simple answer is yes. Zimbabwe is a ‘no fault’ jurisdiction with irretrievable break down being a ground for the dissolution of marriage. In terms of section 4 as read with section 5 of the Matrimonial Causes Act [Chapter 5:13], if one of the parties can satisfy the court that the parties have not lived together as husband and wife for a continuous period of at least 12 months immediately preceding the date of the filing of the divorce action, the court will grant a decree of divorce.
Consequently, where parties to a marriage have not stayed together as a husband and a wife for a continuous period of 1 year, the marriage is deemed to have been broken down. see Ncube v Ncube 1993 (1) ZLR 39 (S).
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