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The Concept of a Divorce Consent Paper in Zimbabwe

A Consent Paper is a fundamental document in uncontested divorce proceedings in Zimbabwe. It is a legally binding document on the parties which addresses the issue of divorce and all the ancillaries. It is common cause that an uncontested divorce in Zimbabwe means both spouses agree on all material terms of the divorce and are prepared to sign a Consent Paper which will be made an order of the court.

Tsanga J 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.”

It is for this reason that a Consent Paper is a fundamental document. Whilst parties can appear behalf the court in person, it is advisable to retain the services of a reputable law firm or lawyer to assist the parties in an uncontested divorce in Zimbabwe.