Recognition of foreign divorce orders in Zimbabwe

More often than not, nowadays, a lot of married couples are relocating to different parts of the world. In some instances, both parties may be in the same country, and in other instances, the parties may be in different countries.

In terms of the law in Zimbabwe, when one is making an application for divorce, the proceedings should be brought in the jurisdiction in which the husband is ‘domiciled’ i.e. permanently staying. Thus, if the husband is domiciled in the Republic of South Africa, the divorce action can be instituted in South Africa. Once the parties obtain a divorce order from a competent court in the husband’s country of domicile, that is not the end of the matter, as the parties, need to register the divorce order in Zimbabwe as well. Section 43 of the Marriages Act [Chapter 5:17] (‘the Act’) recognizes foreign marriages.

In terms of section 43 of the Act a foreign marriage is recognized as valid if at the time the marriage was contracted in any country:

1. None of the spouses was already married as a party to a civil marriage, or already married under the law of a third country that forbids marriage while either party is a party to a marriage that still subsists in that third country; or

2. The spouses were not related to one another within a degree of relationship prohibited for the purposes of section 75 of the Criminal Law Code (sexual intercourse within a prohibited degree of relationship);

3. None of the spouses was under the age of 18 years;

4. None of the spouses suffered mental incapacity to consent;

5. Each spouse freely and fully consented to the marriage.