I don’t have money to pay divorce legal fees, can my spouse contribute towards these costs in Zimbabwe?

In terms of the law in Zimbabwe married couples have a duty to support each other. This duty includes contributing towards legal costs to institute or defend an action for divorce, judicial separation or nullity of marriage.

The law on contribution towards costs has its roots in the Roman – Dutch Law and has been sanctioned by the courts of Zimbabwe for more than a century. The basis of an application for contribution towards costs is founded on the duty of support spouses owe each other and its purpose, is to enable a spouse, who would otherwise not be able to do so, to place his or her case adequately before the Court. see Botes v Botes 1969 (2) RLR 238 (G); 1969 (3) SA 169 (R).

The High Court, may on an application for a contribution towards costs in terms section 2(1)(b) of the Matrimonial Causes Act [Chapter 5:13] as read with Rule 67(1) of the High Court Rules, 2021 order the other spouse to contribute to his or her costs, and where necessary, to his or her maintenance pending litigation, such sums as it deems reasonable and just. In doing this, the court will look at the means of both parties and try to determine what is reasonable and just. See Landry v Landry 1970 (1) RLR 134 (GD).