Our practitioners understand that family law matters are often punctuated by emotion and are difficult on the parties involved. With sound, realistic advice to clients, we pride ourselves in ensuring that our clients’ rights are protected. We have extensive experience in matrimonial and family law. Our services include:
- Divorce litigation
- Custody, adoption and guardianship applications
- Child and spousal maintenance litigation
Frequently Asked Questions
To get divorced in Zimbabwe, you need to get a court order for divorce. The divorce order is given by the High Court of Zimbabwe. One spouse should apply for divorce and the court process for divorce must be followed to completion.
The High Court divorce order will say that the divorce is granted and it may contain various terms of the divorce as applicable such as : property distribution in divorce, spousal maintenance after divorce , custody of children after divorce, access rights to children after divorce, maintenance of children after divorce, etc.
If the spouses agree to a divorce as well as the divorce terms it is a divorce by consent called an “uncontested divorce” which is quicker and less expensive. This is where both spouses sign the divorce papers agreeing to the terms and asking for a divorce order. In the High Court the cost of divorce by consent, where both agree to a divorce and sign the divorce papers, can be in the range of USD800 to USD2,000 for a simple divorce.
Where one spouse is not consenting to divorce, the spouse refuses to sign the divorce papers, and refuses to agree to the divorce, it is a “contested divorce” which is more time consuming and costly. Such a divorce process will proceed as a contested divorce case and can go all the way as a full divorce trial at court. In the High Court the cost of a contested divorce, where one or both are not agreeing to sign the divorce papers, is charged on a time-spent basis and the legal costs for a divorce is likely to be in the range of USD2,000 up to USD8000 or more for a complicated divorce or a contested divorce in Zimbabwe
Maintenance is a parent paying money for a child’s costs of upkeep or a spouse paying money for upkeep of the other spouse.
Ideally the parents will agree to the child’s maintenance level and then enter into a divorce order by consent including this issue. If the parents cannot agree, then the court will decide. The court will aim to maintain the child’s standard of living pre-separation or pre-divorce as far as possible bearing in mind that the individual spousal disposal income is now less because of the split and two rentals being paid. The court has no rigid formulae for determining maintenance payments. The court has an overriding discretion to decide whatever it thinks is fair maintenance for the child and will look at both income being earned by each parent and also the ability to earn income by each parent.
In terms of the Legal Age of Majority Act of 1982, a Zimbabwean minor is a child under the age of 18 years. This means a Zimbabwean person attains majority at the age of 18 years. A Zimbabwean person between the ages of 16 and 18 years is called a ‘young person’ in terms of the Children’s Protection and Adoption Act.
Yes, if the correct circumstances prevail.
What is rehabilitative maintenance?
How do I get separated in Zimbabwe?
Can my spouse take my child out of Zimbabwe?
What are my legal rights as a mother?
What are my legal rights as a father?
Scanlen & Holderness is a law firm in Zimbabwe offering a full circle of legal services. Whether you need Divorce Lawyers in Harare, a Maintenance Lawyer, or advice on custody of children in Zimbabwe, the Team Scanlen has experienced lawyers in Harare willing and able to assist in all legal matters.