I did not contribute financially to acquire the house, on divorce do I walk away empty handed?

The division and distribution of assets of spouses at divorce are governed by section 7 of the Matrimonial Causes Act [Chapter 5:13]. In this regard the court considers amongst other things, the parties direct and indirect contributions. Thus, even a spouse who has no formal education and or training, will not walk away empty handed because he or she did not contribute financially towards the acquisition and development of the matrimonial home.

The position of law is that, the indirect contributions in a long marriage cannot be overlooked. Thus, a spouse who is or has been a housewife, will not walk away empty handed. The contribution of looking after the household, her husband and any children is an indirect contribution which is taken into account by the courts. The longer the duration of the marriage, the lesser the weight to be attached to direct contributions as the value of indirect contribution increases as the duration of the marriage increases.

Ziyambi JA (as she then was) in Usayi v Usayi 2003 (1) ZLR 684 (H) 688A – D, the learned judge stated:

The Act speaks of direct and indirect contributions. How can one quantify in monetary terms the contribution of a wife and mother who for 39 years faithfully performed her duties as a wife, mother, counsellor, domestic worker, housekeeper, day and night nurse for her husband and children? How can one place a monetary value on the love, thoughtfulness and attention to detail that she puts into all the routine and sometimes boring duties attendant on keeping a household running smoothly and a husband and children happy? How can one measure in monetary terms the creation of a home and the creation of an atmosphere therein from which both husband and children can function to the best of their ability? In light of these and many various duties, how can one sat, as is often remarked: “throughout the marriage she was a housewife. She never worked”. In my judgment, it is precisely because no monetary value can be placed on the performance of these duties that the Act speaks of the “direct and indirect contributions made by each spouse to the family including contributions made by looking after the home and caring for the family and any other domestic duties. A fair approach is set out by Professor Ncube in his book Family Law in Zimbabwe.”