Divorce: A Legal Perspective
Divorce is a painful and often complex process that affects not only the couple involved but also their children, families, and friends.
Divorce: A Legal Perspective
Divorce is a painful and often complex process that affects not only the couple involved but also their children, families, and friends. In Zimbabwe, divorce is governed by various laws and regulations that provide a framework for the dissolution of marriage. This article provides an overview of divorce from a legal perspective, including the grounds for divorce, types of marriages, and key issues to be considered.
Definition of Divorce
Divorce is the legal dissolution of a marriage, which terminates the marital relationship between two individuals. In Zimbabwe, divorce is governed by the Marriages Act [Chapter 5:17] and the Matrimonial Causes Act [Chapter 5:13].
Grounds for Divorce
In Zimbabwe, a divorce can be granted on the following grounds:
1. Irreconcilable differences
2. Desertion
3. Cruelty
4. Adultery
Types of Marriages in Zimbabwe
Zimbabwe recognizes : registered customary marriages,unregistered unions subsequent to registration, civil (general law) marriages and qualified marriage.
Registered Customary Marriages: These marriages are governed by customary law and are typically celebrated according to the traditions and customs of the community. These unions are potentially polygamous.
Unregistered customary unions: These are unregistered unions wherein the parties do not have a marriage certificate, however there is a requirement that all customary marriages be registered to ensure parties are recognized as married at law.
Civil Marriages ( General law) : These marriages are governed by the Marriages Act and are typically celebrated in a civil ceremony.This is a monogamous union, one man, one wife.
Key Issues to be Considered
When granting a divorce, the court considers several key issues, including:
1. Sharing of Matrimonial Property: The court aims to divide the matrimonial property fairly and equitably between the parties.
2. Custody of Children: The court's primary concern is the best interests of the child. The court may grant custody to one parent or both parents jointly.
3. Maintenance Payments: The court may order one spouse to pay maintenance to the other spouse, either temporarily or permanently.
4. Overriding Principle of Equity and Fairness: The court is guided by the principle of equity and fairness, ensuring that the divorce settlement is just and reasonable.
In Conclusion, divorce is a complex and often painful process that requires careful consideration of various legal and emotional issues. In Zimbabwe, the courts aim to ensure that the divorce process is fair, equitable, and just. By understanding the grounds for divorce, types of marriages, and key issues to be considered, individuals can better navigate the divorce process and achieve a more favorable outcome.
Disclaimer : This article is for informational purposes only and should not be considered as legal advice. Individuals seeking divorce should consult with a qualified attorney to receive personalized guidance and representation.
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