Property valuation for divorce in Zimbabwe

It is important to obtain professional legal services when considering to file for a divorce in Zimbabwe. Legal professional assistance is necessary when divorcing in Zimbabwe. Also important is obtaining a professional valuation of your property in order to make it easier to negotiate a settlement and or to assist the court in arriving at a just and fair distribution order.

Section 26(c) and (d) of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 provides that the State must 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. This essentially means that there must be a fair division and distribution of property which is just and equitable in the circumstances.

It is important to note that fair division and distribution of property in Zimbabwe is not synonymous with equal division but a fair division in relation to the circumstances of the case. It is therefore important to have a valuation of the immovable and movable properties that the parties acquired. This includes an evaluation of any benefits that a spouse may lose on divorce, such as benefits from a 99-year lease of an agricultural farm. see Chombo v Chombo SC 41-18.

The Supreme Court in Coumbis v Coumbis 2021 (1) ZLR 308 (S) held that:

"It is my respectful view that overlooking the values of properties in the distribution of matrimonial property is an improper exercise of discretion which warrants interference by this Court. This is because it goes against the principle of equitable distribution upon divorce envisaged in the Constitution and the Matrimonial Causes Act."