A Guide to the Divorce Process in Zimbabwe

Divorce is a legal process to formally end a marriage. In Zimbabwe, this process is handled by the High Court and requires the assistance of a lawyer to navigate the legal procedures.

Step 1: Engage a Lawyer and Issue Summons

1. Consult a Lawyer: The first step is to consult with a lawyer who specializes in family law. They will advise you on your rights and the legal process.
2. Issue Summons: Your lawyer will draft a divorce summons. This is the legal document that starts the divorce proceedings. It is filed at the High Court and then served to your spouse by a Messenger of Court.
3. Grounds for Divorce: The summons must state the legal grounds for the divorce, which is typically the "irretrievable breakdown" of the marriage, meaning there is no reasonable prospect of restoring the relationship.

Step 2: Uncontested vs. Contested Divorce

The path the divorce takes depends on whether you and your spouse agree on the terms of the separation.

• Uncontested Divorce: This is the quickest and cheapest route. It happens when both parties agree on all major issues, including the division of property and arrangements for any children. You sign a "Consent Paper" outlining these terms, which is then made an order of the court.
• Contested Divorce: This happens when there is disagreement on one or more issues. The process becomes longer and more expensive, as it may involve multiple court appearances, negotiations, and potentially a full trial where a judge will make the final decision on the disputed matters.

Step 3: The Final Decree of Divorce

Once all issues are resolved, either by agreement or by a judge's ruling, the High Court will grant a Decree of Divorce.

• The Court Order: This is the final, official document that legally dissolves the marriage.
• Ancillary Matters: The decree will also include the court's orders on other matters, such as custody of children, maintenance payments, and how the property is to be divided.