Fair division and distribution of property upon in Zimbabwe

Section 26 (c) and (d) of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 obliges the Government of Zimbabwe to ensure that there is equality of rights and obligations of spouses during marriage and at its dissolution and in the event of dissolution, whether through death or divorce, provision must be made for the necessary protection of spouses.

Furthermore, Article 16 (1) of the Universal Declaration of Human Rights provides that men and women of full age are entitled to equal rights as to marriage, during marriage and at its dissolution. This means that there must be a fair division and distribution of property which is just and equitable in the circumstances. see Mhora v Mhora 2021 (1) ZLR 1428 (S).

The need to achieve an equitable distribution of property upon divorce in Zimbabwe can also be construed from section 7 of the Matrimonial Causes Act [Chapter 5:13]. The Supreme Court in Coumbis v Coumbis 2021 (1) ZLR 308 (S) held that:

“Equitable distribution does not mean equal division but a fair division in relation to the circumstances of the case. The court may consider such factors as the extent of a party’s contribution to the accumulation of the property, the market and emotional value of the assets, the duration of the marriage, the economic consequences of the distribution, the parties' needs and any other factors relevant to an equitable outcome. Fairness is the prevailing guideline the court must use.”