Grounds for divorce in Zimbabwe

Zimbabwe is a ‘no fault’ jurisdiction. In terms of section 4 of the Matrimonial Causes Act [Chapter 5:13] (‘the Act’) there are two main grounds for the dissolution of marriage, namely:

1. Irretrievable break – down of marriage; and

2. Incurable mental illness or continuous unconsciousness of one of the parties to the marriage.

An appropriate court in Zimbabwe will only grant a decree of divorce on the grounds of irretrievable break – down of the marriage if it is satisfied that the marriage relationship between the parties has broken down to such an extent that there is no reasonable prospect of the restoration of a normal marriage relationship between them.

Section 5 of the Act deals with the necessary elements required to prove the irretrievable break down of a marriage. There may be other facts or circumstances which may show the irretrievable break down of a marriage, however, the courts have regard to the following:

1. The parties have not lived together as husband and wife for a continuous period of at least twelve months immediately before the date of commencement of the divorce or judicial separation;

2. The spouse has committed adultery which the other regards as incompatible with the continuation of a normal marriage relationship;

3. The spouse has been sentenced by a competent court to imprisonment for a period of at least 15 years or has, in terms of the law relating to criminal procedure, been declared to be a habitual criminal or has been sentenced to extended imprisonment (and has in accordance with such declaration or sentence, been detained in prison for a continuous period of, or for interrupted periods which in aggregate amount to, at least 5 years, within the 10 years immediately before the date of commence of the divorce;

4. The spouse has, during the subsistence of the marriage – (i) treated the other with such cruelty, mental or otherwise; or (ii) subjected himself or herself, as the case may be, to the influence of intoxicating liquor or drugs to such an extent as is compatible with the continuation of a normal marriage relationship.