CHILD & FAMILY LAW

Can you get divorced without going to court in Zimbabwe?

Yes. It is possible for people to get divorced in Zimbabwe without having to go to court. This is known as an uncontested divorce. An uncontested divorce in Zimbabwe is generally one in which the spouses agree on the terms of divorce. Where parties agree to an uncontested divorce in Zimbabwe, they waiver the right to a Trial. The Family Court in Zimbabwe recognise three (3) categories of uncontested divorce in Zimbabwe which are:

Category one

Initial contested divorce cases in Zimbabwe

  • Summons and declaration

  • Marriage certificate

  • Sheriff’s Return of Service

  • Appearance to Defend

  • Notice to Plead

  • Defendant’s Plea

  • Counter-Claim

  • Plaintiff’s Replication to the Plea

  • Plaintiniff’s Plea to Counter-claim

  • Defendant’s Replication to the Plaintiff’s Plea

  • Summary of Evidence

  • Discovery

  • Notice of Withdrawal of Defence and counter-claim

  • Consent Paper

  • Plaintiff’s Affidavit of Evidence

  • Draft Order

  • Notice of Set Down

Category two

Default Judgment

  • Summons and declaration

  • Marriage certificate

  • Sheriff’s Return of Service

  • Notice to Plead

  • Proof of service

  • Plaintiff’s Affidavit of Evidence

  • Draft Order

  • Notice of Set Down

Category three

Consent to Judgment

  • Summons and declaration

  • Marriage certificate

  • Sheriff’s Return of Service

  • Defendant’s Affidavit of Waiver

  • Consent Paper

  • Plaintiff’s Affidavit of Evidence

  • Draft Order

  • Notice of Set Down

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