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Divorce Consent Paper in Zimbabwe: Checklist

The Consent Paper in Zimbabwe is an essential document which is a written, signed legal contract used in uncontested divorces to record the joint agreement of the parties with regards to the distribution of property, payment of maintenance, custody and access rights.

The Consent Paper is generally submitted together with the: summons and declaration, marriage certificate, Sheriff’s Return of Service, Affidavit of Waiver, Affidavit of Evidence, Draft Order and Notice of Set Down to a Judge who will consider the papers filed of record and make an order.

A Divorce Consent Paper in Zimbabwe Paper must address all the issues of divorce and all the ancillaries. It must be detailed enough to eliminate the possibility of ambiguity. Parties to the divorce cannot agree to do something which is illegal or unlawful within the Consent Paper. Tsanga J in Munyengeterwa v Mubaiwa HH 451-26 at page 1 observed that:

“Despite guidelines on what is expected in papers placed before the court on the family unopposed roll, every Thursday the court still finds itself raising issues on the content of consent papers. One such recurring issue is failure to capture the details of maintenance in those cases where parties have some ongoing arrangement known to themselves but not to the court granting the divorce.

Below herein is a checklist of the issues which must be captured in a divorce consent paper in Zimbabwe:

• Distribution of immovable property clause, if any;

• Distribution of movable property clause, if any;

• Custody clause, if there are children;

• Access rights if there are children; and

• Maintenance clause, if there are children (or where parties agree on spousal maintenance).