Marriage Counselling to Avoid Divorce in Zimbabwe

Marriage counselling to avoid divorce in Zimbabwe is a valuable legal and social tool. It often happens that during divorce proceedings, one or both of the parties believes that the marriage has not broken down irretrievably and that it is capable of resuscitation if the parties receive marriage counselling, treatment or reflection.

What are the grounds of divorce in Zimbabwe?

In terms of section 4 of the Matrimonial Causes Act [Chapter 5:13], the grounds for divorce in Zimbabwe include:

• Irretrievable break-down of the marriage;
• Incurable mental illness or continuous unconsciousness of one of the parties to the marriage.

Whether the marriage has broken down irretrievably?

A court in Zimbabwe may grant a decree of divorce on the grounds of irretrievable break-down of the marriage if it is satisfied that the marriage relationship between the parties has broken down to such an extent that there is no reasonable prospect of the restoration of a normal marriage relationship between them.

Each marital relationship is unique and without prejudice to any other facts or circumstances which may show an irretrievable break-down of a marriage in Zimbabwe, a divorce court may have regard to the fact that:

• The parties have not lived together as husband and wife for a continuous period of at least twelve months immediately before the date of commencement of the divorce action;
• The Defendant has committed adultery which the plaintiff regards as incompatible with the continuation of a normal marriage relationship; or
• The Defendant has been sentenced by a competent court to imprisonment for at least fifteen years, or declared a habitual criminal or sentenced to extended imprisonment and detained for five years within ten years prior to the divorce action; or
• The Defendant has, during the marriage—
  • Treated the plaintiff with cruelty, mental or otherwise; or
  • Habitually abused intoxicating liquor or drugs.

In terms of section 5 of the Matrimonial Causes Act [Chapter 5:13], the above factors guide the Court as proof of irretrievable break-down of a marriage and the incompatibility of a normal marriage relationship.

Consultation with a divorce lawyer in Zimbabwe

When a Defendant is served with a divorce summons, he or she should consult a divorce lawyer in Zimbabwe. It is important to note that if a marriage relationship has not broken down irretrievably, the Courts in Zimbabwe, in terms of section 5(3) of the Matrimonial Causes Act [Chapter 5:13], may postpone divorce proceedings to enable the parties to attempt reconciliation through marriage counselling, treatment or reflection.

What the Zimbabwean courts have said about marriage counselling?

A spouse that suggests that the marriage has not broken down has an obligation to suggest to the Court in what way the marriage may be salvaged, for instance through marriage counselling, treatment or reflection.

In Nyamayedenga v Nyamayedenga HH 41–10, the High Court held that:

“Defendant did not suggest in what way the marriage may be salvaged. This is particularly pertinent if one considers plaintiff’s testimony to the effect that defendant’s family spurned his overtures for them to lend a hand in reconciling the parties. In light of the available evidence, I am satisfied that the marriage relationship has irretrievably broken down such that there are no prospects of the restoration of a normal marriage relationship.”

In Mashonganyika v Mashonganyika HH 10–08, the High Court held that:

“It seems to me that these facts show that although the marriage may have broken down it is not incapable of resuscitation if the parties receive counselling or perhaps just an opportunity to reflect on the best course of action to take. A decree of divorce brings finality to a family union. It affects everyone from the parties themselves to their minor children. It is not an order which the court will give lightly. The court should not be seen to break up families where there is evidence that the marriage can still subsist. It will only grant a decree of divorce if there is clear evidence that there are no prospects that the parties will reconcile. I did not find this to be the position in this case.”

In Magaya v Magaya HH 67–13, the High Court held that:

“Love cannot blossom if it is not reciprocated. Reconciliation can only be possible if both parties are willing to engage each other to sort out their marital problems. The courts can not sustain a marriage without the co-operation of the other spouse. Irretrievable breakdown of marriage can therefore take place even when one of the spouses still loves the other. In spite of the defendant’s confessions of love for the plaintiff there is nothing to indicate to this court that there is a reasonable possibility that the parties may become reconciled.”

The Zimbabwean courts have applied section 5(3) of the Matrimonial Causes Act [Chapter 5:13] and postponed matters during divorce proceedings. It should be noted that an order for marriage counselling, treatment and/or reflection during divorce proceedings in Zimbabwe can be made at any stage of the proceedings to allow the parties an opportunity to reconcile.

Whether there are organisations offering marriage counselling in Zimbabwe

There are many licensed practitioners who offer counselling in Zimbabwe. Some of the most notable institutions that provide marriage counselling in Zimbabwe include, but are not limited to, the Christian Counselling Centre and The Marriage Centre, both of which are located in Harare, Zimbabwe.

Marriage counselling has many advantages, and organisations such as the Christian Counselling Centre and The Marriage Centre have provided and continue to provide marital counselling. However, The Marriage Centre in Harare, Zimbabwe is recommended for its marital counselling, as its counsellors conduct divorce counselling. Thus, when a matter is postponed in terms of section 5(3) of the Matrimonial Causes Act [Chapter 5:13] to allow divorcing couples in Zimbabwe an opportunity to reconcile, The Marriage Centre in Harare, Zimbabwe is the most recommended institution within the country for couples to reflect on the best course of action to take through marriage counselling.