What is a marital asset in Zimbabwe?

In Zimbabwe the terms used to describe marital assets are "assets of the spouses" as opposed to "marital assets" or "matrimonial property". This distinction is an important one in terms of the family law of Zimbabwe as the courts have held that the adoption of the phrase "marital assets" and "matrimonial property often lead to an erroneous view that assets acquired by one spouse before marriage or when the parties are separate should be excluded from division, apportionment or distribution.

The term "assets of the spouses" in Zimbabwe is clearly intended to have assets owned by the spouses whether individually (his or hers) or jointly (theirs) at the time of dissolution of the marriage by the court considered when an order is made with regards to the apportionment, division or distribution of such assets.

The meaning of the phrase "assets of the spouses" in Zimbabwe in terms of Ncube v Ncube 1993 (1) ZLR 39 (SC) 42 includes all such property as a spouse was possessed of at the time of the distribution, and not only what was acquired by one or the other or both the parties during the subsistence of the marriage, save such assets which are proved to the satisfaction of the court to have been acquired by a spouse, whether before or during the marriage:

By way of inheritance;

In terms of any custom and which, in accordance with such custom, are intended to be held by a spouse person; or

In any manner or which have particular sentimental value to the spouse.