The 7 Factors Zimbabwean courts consider when dividing assets of spouses granting a divorce

In the exercise of the power in section 7 (1) of the Matrimonial Causes Act [Chapter 5:13] ("the Act") a court is guided by the provisions of section 7(4) of the Act. see Nyatanga v Nyatanga 2021 (1) ZLR 871 (H). The assets subject for division are those assets belonging to the spouses. These comprise assets belonging to either of the spouses (his / hers) or jointly owned by the spouses (theirs) at the time of the dissolution of the marriage.

Section 7 (4) of the Act highlights the 7 factors Zimbabwe courts consider when dividing assets of spouses and making maintenance orders which are:

• the income-earning capacity, assets and other financial resources which each spouse and child has or is likely to have in the foreseeable future
• the financial needs, obligations and responsibilities which each spouse and child has or is likely to have in the foreseeable future
• the standard of living of the family, including the manner in which any child was being educated or trained or expected to be educated or trained
• the age and physical and mental condition of each spouse and child
• the direct or indirect contribution made by each spouse to the family, including contributions made by looking after the home and caring for the family and any other domestic duties
• the value to either of the spouses or to any child of any benefit, including a pension or gratuity, which such spouse or child will lose as a result of the dissolution of the marriage
• the duration of the marriage

and in so doing the court shall endeavour as far as is reasonable and practicable and, having regard to their conduct, is just to do so, to place the spouses and children in the position they would have been in had a normal marriage relationship continued between the spouses.