How is property shared upon divorce in Zimbabwe?

The distribution of the parties’ property cannot be made without a decree of divorce. Thus, the distribution of property in Zimbabwe is a consequence of divorce. How property is shared upon divorce in Zimbabwe? The division, apportionment and distribution of matrimonial assets in Zimbabwe is regulated by section 7 of the Matrimonial Causes Act [Chapter 5:13].

In an uncontested divorce, the division, apportionment and distribution of matrimonial assets is regulated by a Consent Paper in which the parties agree on the issues ancillary to the divorce. This includes the parties identifying the assets i.e. movable and immovable property, in whose name the property is registered, and whether the parties have agreed to sell the property and share the proceeds equally. The issue of valuation, and who pays for such costs is also included, as well as the issue of when transfer should take place and at whose expense.

In contested divorce proceedings, the courts will exercise a judicial discretion, based on the relevant facts and circumstances of the case which is aimed at achieving a reasonable, practical and just division, appointment or distribution of the matrimonial assets. see Shenje v Shenje 2001 (2) ZLR 160 (H).