DIVORCING IN ZIMBABWE FAQ

QUESTION 1: Where do I start if I want to institute divorce proceedings?

ANSWER:Engage a lawyer knowledgeable about Family law

QUESTION 2: What information is needed when filing for divorce?

ANSWER:

• The original marriage certificate
• The physical and or email address of the defendant (person being sued)
• The grounds for divorce
• The names and dates of minor children born of the marriage
• A list of the assets of the parties
• Who will have custody of the children upon divorce
• The amount of access the non-custodian parent will have to the children upon
• divorce
• The amount of maintenance payable by the non-custodian parent per month per
• child
• How the assets of the parties will be shared

QUESTION 3: How does the court determine custody?

ANSWER: The court looks at the best interests of the child(ren)

QUESTION 4:Is it possible for parties to be granted a divorce order without attending court?

ANSWER: Yes. That is possible if the divorce proceedings are uncontested

QUESTION 5: Can I institute divorce proceedings from the diaspora?

ANSWER: Yes. A Zimbabwean based lawyer can do that for you

QUESTION 6: If I am in Zimbabwe, can I divorce someone who is out of Zimbabwe?

ANSWER: Yes

QUESTION 7: Should parties separate first before divorcing?

ANSWER: No. Separation before divorce is not a legal requirement

QUESTION 8: How long does the divorce process take?

ANSWER: The time taken to process a divorce depends on such factors as:

• Whether the divorce proceedings are contested or uncontested
• Whether there will be need to obtain the court’s permission to have the divorce
• summons served outside the country
• Whether there will be need to apply to court to have the divorce summons served by other means
• In contested divorce proceedings, the level of experience of the lawyer handling the case
• The co-operation of the parties