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Three Categories of Uncontested Divorce in Zimbabwe

An uncontested divorce in Zimbabwe requires both spouses to agree on the terms of the divorce which includes the issue and service of the divorce summons and the signing of the relevant paperwork. The Family Court, a specialised division of the High Court of Zimbabwe in 2020 created the Family Court Guidelines: Unopposed Divorce Matters which recognise three (3) categories of uncontested divorce in Zimbabwe.

Category one

Initial contested divorce cases in Zimbabwe

• Summons and declaration

• Marriage certificate

• Sheriff’s Return of Service

• Appearance to Defend

• Notice to Plead

• Defendant’s Plea

• Counter-Claim

• Plaintiff’s Replication to the Plea

• Plaintiniff’s Plea to Counter-claim

• Defendant’s Replication to the Plaintiff’s Plea

• Summary of Evidence

• Discovery

• Notice of Withdrawal of Defence and counter-claim

• Consent Paper

• Plaintiff’s Affidavit of Evidence

• Draft Order

• Notice of Set Down

Category two

Default Judgment

• Summons and declaration

• Marriage certificate

• Sheriff’s Return of Service

• Notice to Plead

• Proof of service

• Plaintiff’s Affidavit of Evidence

• Draft Order

• Notice of Set Down

Category three

Consent to Judgment

• Summons and declaration

• Marriage certificate

• Sheriff’s Return of Service

• Defendant’s Affidavit of Waiver

• Consent Paper

• Plaintiff’s Affidavit of Evidence

• Draft Order

• Notice of Set Down