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CHILD & FAMILY LAW
What is matrimonial property in Zimbabwe?
Neither the Marriages Act [Chapter 5:17] nor the Matrimonial Causes Act [Chapter 5:13] define the term "matrimonial property in Zimbabwe". The term "assets of the spouses" as opposed to "matrimonial property" is used in Zimbabwe.
The concept of "assets of the spouses" as opposed to "matrimonial property" is preferred as it clearly indicates that assets owned by the spouses individually (his or hers) or jointly (theirs) at the time of the dissolution of the marriage by the court is considered when an order is made with regard to the division, apportionment or distribution of such assets. Thus, the concept "matrimonial property" in Zimbabwe has been held by the courts to often lead to the erroneous view that assets acquired by one spouse before marriage or when the parties are on separation excluded from division, apportionment or distribution upon divorce in Zimbabwe. see Gonye v Gonye 2009 (1) ZLR 232 (S).
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