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Child Maintenance following Divorce in Zimbabwe

In Zimbabwe, the issue of children maintenance after divorce is generally determined by both parties if it is an uncontested divorce and captured in a Consent Paper or where the divorce was contested in the divorce order / judgment of the court.

Child maintenance is the right of every child, and may not automatically terminated when a child has turned 18. It is for this reason that it is important for parents considering divorce to consult a reputable family lawyer or law firm to divorce the issue of divorce and ancillary issues such as child maintenance.

Tsanga J in Munyengeterwa v Mubaiwa HH 451-26 at page 2 – 3 held that:

“A consent paper must clearly state who is responsible for the children’s upkeep and how food, school fees, clothing, and medical care will be paid. This is so even where the children are currently being supported. Child maintenance is a right of the child, not a bargaining issue between parents. Parents cannot “opt out” of it by agreement if it leaves the child unprotected. The Court also emphasises that the vague arrangements, such as agreements to “assist as necessary” or to “share responsibility as agreed from time to time”, are inadequate, as they are neither enforceable nor protective of the children’s welfare. Everything in such type of clauses is dependent on future goodwill or cooperation. Clarity is necessary on who pays what; how much they are supposed to pay; when and how the payments are to be made. There is also a need to address who physically cares for the children and who has the responsibility for major costs such as school and medical expenses.”