The concept of "sentimental value" in the context of the division of matrimonial assets in Zimbabwe is a critical consideration under section 7(3) of the Matrimonial Causes Act [Chapter 5:13]. This provision allows for the exemption of a spouse's property from division, apportionment, and distribution upon the dissolution of marriage, contingent upon satisfactory demonstration to the court that the property possesses sentimental value. Despite the absence of a statutory definition, jurisprudence has established that "sentimental value" denotes an emotional attachment to the property that transcends monetary worth, often evoking fond memories or significant individuals.
The courts have recognized that both movable and immovable property may hold sentimental value for an individual, particularly when the property is a gift from a cherished person or acquired during a pivotal life event. For instance, a house inherited from one's parents or a childhood home is often deemed to have sentimental value and thus exempt from distribution in divorce proceedings. Similarly, personalized artworks, jewelry, collections, and memorabilia may also fall under this category of sentimental assets.
Consequently, the determination of whether an asset qualifies for the sentimental value exemption requires a case-by-case analysis, taking into account the emotional significance attached to the property by the respective spouse. Assets that do not meet the criteria for this exception are subject to the court's discretionary power to divide, apportion, and distribute matrimonial property between spouses in divorce proceedings, guided by the principles of fairness and equity.
The courts have recognized that both movable and immovable property may hold sentimental value for an individual, particularly when the property is a gift from a cherished person or acquired during a pivotal life event. For instance, a house inherited from one's parents or a childhood home is often deemed to have sentimental value and thus exempt from distribution in divorce proceedings. Similarly, personalized artworks, jewelry, collections, and memorabilia may also fall under this category of sentimental assets.
Consequently, the determination of whether an asset qualifies for the sentimental value exemption requires a case-by-case analysis, taking into account the emotional significance attached to the property by the respective spouse. Assets that do not meet the criteria for this exception are subject to the court's discretionary power to divide, apportion, and distribute matrimonial property between spouses in divorce proceedings, guided by the principles of fairness and equity.
