In Zimbabwe, married couples are legally obligated to support each other financially. This includes paying for legal fees related to divorce, separation, or annulment proceedings. The purpose is to ensure that both spouses can adequately present their case in court, even if one cannot afford it.
This duty of support has been part of Zimbabwean law for over a hundred years, rooted in Roman-Dutch legal principles. The courts have consistently upheld this obligation. A spouse who needs financial assistance for legal costs can apply to the High Court.
Under Section 2(1)(b) of the Matrimonial Causes Act and Rule 67(1) of the High Court Rules, the court may order the other spouse to contribute a reasonable and just amount toward legal fees and living expenses during the case. The court considers both spouses' financial situations to determine a fair contribution.
The key factor is enabling a spouse to properly argue their position before the court if they would otherwise be unable to do so due to financial constraints. By requiring the financially stronger spouse to help cover legal costs, the law aims to level the playing field and ensure access to justice in matrimonial cases.
This duty of support has been part of Zimbabwean law for over a hundred years, rooted in Roman-Dutch legal principles. The courts have consistently upheld this obligation. A spouse who needs financial assistance for legal costs can apply to the High Court.
Under Section 2(1)(b) of the Matrimonial Causes Act and Rule 67(1) of the High Court Rules, the court may order the other spouse to contribute a reasonable and just amount toward legal fees and living expenses during the case. The court considers both spouses' financial situations to determine a fair contribution.
The key factor is enabling a spouse to properly argue their position before the court if they would otherwise be unable to do so due to financial constraints. By requiring the financially stronger spouse to help cover legal costs, the law aims to level the playing field and ensure access to justice in matrimonial cases.
