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The Distribution of Immovable Property in a Consent Paper in Zimbabwe

Where parties are agreed on all material terms of a divorce in Zimbabwe – including custody, access rights for the non – custodial parent, maintenance, distribution of property and costs the divorce can proceed as an uncontested divorce in respect of which the parties would be required to sign a Consent Paper which addresses the issue of divorce and all the ancillaries.

It is generally economical, convenient, and faster for parties to obtain a decree of divorce in Zimbabwe by agreeing to proceed with the divorce on an uncontested basis.

The division or distribution of immovable property where parties acquired property together during the subsistence of the marriage is one of the aspects that is contained in a Consent Paper in Zimbabwe. Parties to a divorce in Zimbabwe cannot “opt out” of dealing with the distribution of immovable property in a Consent Paper in Zimbabwe where there exists such property. It is therefore crucial for parties to engage the services of a reputable law firm or legal practitioner who can assist. The High Court in Nkala v Sibanda & Another HB 99-26 at page 4 held that:

“The court order was silent as to who was to conduct the valuation process. I must take this opportunity to exhort legal practitioners to always ensure divorce orders capture every conceivable issue with regards to property sharing and the modalities thereto. Where parties are to share on a 50/50 ratio and the property is to be valued, it must always be clear that the parties are to agree on the estate agent, failing which the Registrar appoints one from the list of estate agents, with time lines explicitly spelt out. Such an order avoids the pitfalls that often bedevil parties where issues, as the one in casu, arise.”

There should be a division or distribution of immovable property clause in a Consent Paper which addresses the following:

• The full and correct description of the property;

• In whose name the property is registered;

• When sale will take place and by who;

• Who pays for the costs of evaluation and sale;

• When transfer should take place and at whose expense; and

• What should happen if a party defaults in performing a duty created by a court order?