ZIMBABWE DIVORCE PROCEEDINGS FAQ

QUESTION 1: Does the court require my original marriage certificate when divorcing?

ANSWER: Yes.

QUESTION 2: What happens if I cannot find my original marriage certificate?

ANSWER: A duplicate copy of the original marriage certificate is obtainable from the Registrar of Marriages.

QUESTION 3: What are the acceptable grounds for divorce?

ANSWER: The court must be satisfied that the marriage has irretrievably broken down to such an extent as to be incompatible with the continuation of a normal marital relationship.

QUESTION 4: What are some of the factors that show that the marriage has irretrievably broken down?

ANSWER: The parties have not lived together as husband and wife for a continuous period of at least twelve months immediately before the commencement of the divorce proceedings or that the defendant has committed adultery which the defendant regards as incompatible with the continuation of a normal marriage relationship. There are other factors in addition to these.

QUESTION 5: How do I go ahead with divorce proceedings if I do not know my spouse’s whereabouts?

ANSWER: An application can be made to court for permission to serve the divorce summons by other means eg publication in a newspaper, service on your spouse’s close relative or service via email.

QUESTION 6: How do I proceed where my spouse is in the diaspora?

ANSWER: An application can be made to court for permission to have the divorce summons served on your spouse outside the country.

QUESTION 7: If we got married in Zimbabwe but are both in the diaspora, can we divorce in Zimbabwe?

ANSWER: Yes. If for instance the husband still regards Zimbabwe as his permanent home.

QUESTION 8: For those of us in the diaspora, can we divorce without coming to Zimbabwe for the divorce case?

ANSWER: YES. If the divorce proceedings are uncontested.

QUESTION 9: What are uncontested divorce proceedings?

ANSWER: Divorce proceedings are said to be uncontested where the parties are agreed on all issues to do with the divorce ie the divorce itself, property sharing, custody and maintenance of minor children of the marriage as well as visitation rights (the non custodian parent’s rights to have access to the children).

QUESTION 9: What is the advantage of uncontested divorce proceedings over contested divorce proceedings?

ANSWER: Unlike contested divorce proceedings, uncontested divorce proceedings are not acrimonious as the parties agree on all issues to do with the divorce. Whilst in contested divorce proceedings the parties must attend court to give evidence and be cross-examined, the parties in uncontested divorce proceedings are not required to attend court .Uncontested divorce proceedings are quicker and cheaper compared to contested divorce proceedings