• Home /
• Our Articles /
• Is an uncontested divorce automatically granted in Zimbabwe?

Is an uncontested divorce automatically granted in Zimbabwe?

An uncontested divorce in Zimbabwe is possible where both spouses agree on the issue of divorce and ancillary issues such as division of property, child custody, access rights of the non – custodial parent and maintenance. The agreement of the parties can be verbal and written. However, the court requires that parties to an uncontested divorce reduce the agreement to writing in the form of a Consent Paper.

In Zimbabwe, an uncontested divorce is not automatically granted by the courts. In fact, the High Court in Munyengeterwa v Mubaiwa HH 451-26 at page 2 observed that:

“An unopposed divorce does not mean the court automatically grants the decree. Even where a divorce is unopposed, the court is still required to be guided by the provisions and principles of the Matrimonial Causes Act. It must be satisfied not only that a valid ground for divorce has been established, but that proper arrangements have been made for any children, and that any orders regarding maintenance and property distribution are just and equitable.”

What this means is that divorce summons must still be issued out of the court and personally served by the Sheriff on the other party (i.e., the Defendant) after which the Defendant is required to sign an Affidavit of Waiver and the party instituting the divorce (i.e., the Plaintiff) should sign an Affidavit of Evidence. Both the Plaintiff and Defendant in an uncontested divorce are required in Zimbabwe to sign a Consent Paper.

Once all these documents have been signed and submitted by the parties, the Plaintiff’s legal practitioner will have the matter set down on the next available date on the Family Court unopposed roll.

In order for the court to grant an uncontested divorce in Zimbabwe it has to be satisfied that the provisions of the law have been followed, that valid grounds of divorce have been established and that proper arrangements have been made for any children, maintenance and property sharing / distribution. Resultantly, uncontested divorces are not automatic in Zimbabwe. They are subject to the granting by the court.