Zimbabwe has a "no-fault" divorce system. The Matrimonial Causes Act [Chapter 5:13] states two main reasons a marriage can be dissolved. The first reason is if the marriage has irretrievably broken down. The second reason is if a spouse has an incurable mental illness or is continuously unconscious.
A Zimbabwean court will only grant a divorce due to an irretrievable breakdown if it believes the marriage relationship cannot be restored to normal. The Act lists several factors courts consider as evidence of irretrievable breakdown, but other facts and circumstances can also demonstrate this.
One factor is if the spouses have not lived together as a married couple for at least 12 straight months right before filing for divorce. Another is if a spouse commits adultery that the other views as incompatible with continuing a normal marriage. Certain criminal convictions and prison sentences can also prove irretrievable breakdown.
Additionally, courts look at whether a spouse treated the other with cruelty during the marriage, whether mental or otherwise. They also consider if a spouse was under the influence of alcohol or drugs to the extent that continuing a normal marriage was incompatible. However, courts may find other evidence besides these statutory factors sufficient to establish irretrievable breakdown.
A Zimbabwean court will only grant a divorce due to an irretrievable breakdown if it believes the marriage relationship cannot be restored to normal. The Act lists several factors courts consider as evidence of irretrievable breakdown, but other facts and circumstances can also demonstrate this.
One factor is if the spouses have not lived together as a married couple for at least 12 straight months right before filing for divorce. Another is if a spouse commits adultery that the other views as incompatible with continuing a normal marriage. Certain criminal convictions and prison sentences can also prove irretrievable breakdown.
Additionally, courts look at whether a spouse treated the other with cruelty during the marriage, whether mental or otherwise. They also consider if a spouse was under the influence of alcohol or drugs to the extent that continuing a normal marriage was incompatible. However, courts may find other evidence besides these statutory factors sufficient to establish irretrievable breakdown.
