by Francis Mapurisa

Divorce at its very core is not an easy process, besides the nature of the legal costs involved, it is also an emotional burden on the parties involved as well as their children, finances as well as loved ones. There are typically two types of divorces, the contested and the uncontested divorce. The focus of this article is the uncontested divorce.

Uncontested divorces are often referred to as simple divorces, where the parties agree on all issues required to conclusively and effectively terminate their marriage, leaving nothing of consequence that is disputed or unresolved. Divorce in Zimbabwe is governed by the Matrimonial Causes Act Chapter 5:13.

Grounds for divorce

There are now only two recognised grounds for divorce.

• Irretrievable breakdown of a marriage
• Incurable mental illness or continuous unconsciousness of one of the parties to the marriage.

It is under the first recognised ground, irretrievable breakdown of marriage, where reasons such as infidelity, loss of the consortium omnis vitae and imprisonment of one spouse belong.

The procedure

If both parties agree that the marriage has irretrievably broken down and there are no other secondary issues in dispute such as custody of children or the distribution of property, the matter will proceed as an uncontested divorce. In this case once the Summons is served, the parties will sign the Consent Paper, the Affidavit of Evidence (for the Plaintiff) and Affidavit of Waiver (for the Defendant). There will be no need for either of the parties to appear in court if they have legal representation.

Ruling

An uncontested divorce can be finalised in short space of time, typically in a few weeks depending on the court roll. It is not necessary for both parties to appear together in court. The process of an uncontested divorce is relatively simple, quick and cost effective. This process avoids antagonism between the parties.