Broken vows and legal paths: Understanding the grounds for divorce in Zimbabwe
PLAXEDES TAVIRAI AND FUNGAI CHIMWAMUROMBE
Marriage is intended to be a lifelong partnership built on love, trust, and mutual respect. However, when that foundation crumbles beyond repair, the law provides a way out. In Zimbabwe, the legal system recognizes that not all marriages can or should be saved and offers clear guidelines for when a divorce can be granted. Whether the breakdown is due to betrayal, abuse, or more complex personal issues, the Matrimonial Causes Act [Chapter 5:13] outlines the acceptable grounds for ending a marriage.
Grounds for divorce
In Zimbabwe, there are two primary legal grounds upon which a court may grant a divorce and there are:
- Irretrievable Breakdown of the Marriage.
This is the most common basis for divorce in Zimbabwe. The law recognizes that sometimes, despite efforts to resolve differences, a marriage simply cannot continue. When the relationship has deteriorated to the point where the parties can no longer live together in peace, it is deemed to have irretrievably broken down. The court may consider a variety of circumstances as evidence of this breakdown and these include Separation, Adultery, Criminal Convictions, Cruelty or Abuse. Etc. While not always explicitly cited, other issues such as emotional neglect, addiction, lack of intimacy, and constant conflict may also be taken into account in proving an irretrievable breakdown.
Once it is proven that the marriage has irretrievably broken down, the court does not need to investigate whether either spouse is at fault or has engaged in misconduct. If, on the day of the trial, the Plaintiff maintains their position that the marriage has broken down beyond repair, the court cannot force the couple to stay married even if the Defendant claims to still love the Plaintiff and wants to continue the marriage.
A court will approve a divorce on the grounds of irretrievable breakdown if it is convinced that the relationship has deteriorated so severely that there is no realistic chance of the couple resuming a typical marital relationship.
- Incurable Mental Illness or Continuous Unconsciousness
While less frequent, divorce is also legally allowed when one spouse has a lasting mental disorder or has remained in a state of continuous unconsciousness for a significant time. Under these circumstances, the marriage is deemed unworkable, and the court may approve the divorce based on both compassionate and practical considerations.
The Legal Process
Divorce in Zimbabwe begins with the filing of a summons and declaration, which sets out the ground(s) for divorce and other pertinent information. The court also takes into account the welfare of any minor children, ensuring their best interests are protected during and after the dissolution of the marriage.
Conclusion
Divorce can be a complex and emotionally challenging process, especially in a country like Zimbabwe where cultural and legal nuances play a significant role. Divorce is never an easy decision, but Zimbabwean law provides a structured and compassionate framework for those who find themselves at a marital crossroads. Whether the marriage has broken down due to infidelity, cruelty, or circumstances beyond anyone’s control, the legal system ensures that individuals can seek relief and hopefully, a new beginning. If one is considering divorce, consulting a qualified legal practitioner can help you understand your rights and guide you through the process with clarity and dignity.
Plaxedes Tavirai is an intern and can be contacted on plaxedes@zenaslegalpractice. Com.
Fungai Chimwamurombe is a registered legal practitioner and Senior Partner at Zenas Legal Practice and can be contacted for feedback at fungai@ zenaslegalpractice.com and WhatsApp 0772 997 889.
