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CHILD & FAMILY LAW

How does a divorce court determine a just and equitable distribution of matrimonial assets in Zimbabwe?

In determining a just and equitable distribution of matrimonial assets in Zimbabwe, the court is guided by section 7 of the Matrimonial Causes Act [Chapter 5:13] which deals with the division of assets. The courts in determining a just and equitable distribution of matrimonial assets in Zimbabwe have a discretion to consider the relevant facts and circumstances of the case. The court in Shenje v Shenje 2001 (2) ZLR 160 (H) 163E-F held that:

"In deciding what is reasonable, practical and just in any division, the court is enjoined to have regard to all circumstances of the case. A number of the more important, more usual, circumstances are listed in the subsection. The list is not complete. It is not possible to give a complete list of all possible relevant factors. The decision as to a property division order is an exercise of judicial discretion, based on all relevant factors, aimed at achieving a reasonable, practical and just division which secures for each party the advantage they can fairly expect from having been married to one another, and avoids the disadvantages, to the extent they are not inevitable, of becoming divorced."

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