What law governs the division of property after divorce in Zimbabwe?

Section 7 of the Matrimonial Causes Act [Chapter 5:13] (‘the Act’) governs issues regarding the division, apportionment and distribution of matrimonial assets pursuant to divorce in Zimbabwe. Therefore, section 7(1)(a) of the Act governs the distribution of property of parties that were legally married at the time of divorce or judicial separation or at any time thereafter. In terms of section 41 of the Marriages Act [Chapter 5:17], section 7 of the Act also applies on the dissolution of a civil partnership.

Once evidence of the irretrievable breakdown of the marriage is established in Zimbabwe, the courts do not have regard to the fault of the parties. Thus, the principle that one party is responsible more than the other for the dissolution of the marriage does not have a bearing on the division, apportionment and distribution of matrimonial assets in Zimbabwe.

In matrimonial matters, the parties have an obligation to be candid with the courts by disclosing all assets belonging to them including investments they hold at the time of the dissolution of the marriage or civil partnership. Such assets include those acquired before the marriage, during the subsistence of the marriage and even property acquire during the separation of the parties. see Beckford v Beckford 2009 (1) ZLR 271 (S).