Understanding Divorce and Property Sharing in Zimbabwe

For all the News from Mashonaland Central, Join One of Our Groups:

Divorce is never easy, and in Zimbabwe, it comes with its complexities, particularly regarding property sharing. To understand how it works, one must first grasp the framework of the country’s marriage laws and property rights. The default marital regime in Zimbabwe is called “out of community of property,” and while this may sound simple, it often leads to confusion and disadvantages, especially for women.

What does “out of community of property” mean in practice? Essentially, it dictates that assets brought into the marriage belong to the individual, and only jointly acquired assets are considered shared. For example, if a couple buys a house together during their marriage, it will belong to both parties. However, if one spouse already owned the house before the marriage, it remains theirs exclusively. The same applies to movable property, such as cars or equipment.

Under this regime, ownership is determined by whose name is on the property’s title deed. This means that the person listed on the deed holds the “real rights” to the property. They can sell, mortgage, or transfer ownership without needing consent from their spouse. While this may appear straightforward, it has led to serious challenges, particularly for women who often make indirect contributions to property ownership but are excluded from legal rights.

To Advertise Inbox Us:

This imbalance is evident in areas such as Bindura, Mazowe, Mvurwi, and Guruve, where farming and mining are common. It’s not unusual to find couples working together on ventures like tobacco farming or mining claims for months, pooling their labour and resources. Yet, when profits start to roll in, one partner—often the man—may leave the relationship with the earnings and even assets acquired during the venture, leaving the other party empty-handed.

The problem lies in how contributions are valued. Women, for instance, often contribute indirectly through domestic labour, childcare, or maintaining the household, enabling their partner to focus on work. These contributions, though crucial, are rarely recognised in monetary terms, leading to their exclusion from ownership rights.

Fortunately, the legal framework in Zimbabwe is gradually evolving to address these challenges. The Matrimonial Causes Act plays a significant role in ensuring fairness during property distribution upon divorce. Courts now consider both direct and indirect contributions made by spouses. According to Section 7(4) of the Act, judges evaluate factors such as financial input, domestic contributions, and other efforts that supported the marriage or family.

The Marriages Act (Chapter 5:17), which was enacted in 2022, has also brought clarity to different types of marriages, including civil, customary, and religious marriages. While civil partnerships (cohabitation without marriage) are not officially recognised as marriages under this Act, they are considered for property disputes during the dissolution of the relationship. This provides some level of protection for individuals in informal unions.

Zimbabwe’s Constitution also supports gender equality. Section 56 explicitly prohibits discrimination based on gender, offering a foundation for challenging unfair property practices. This is critical in empowering women who have traditionally been disenfranchised by outdated laws and customs.

Steps to Protect Property Rights:

1. Joint Registration: The best way to ensure equal rights is to register property in both spouses’ names. This legally safeguards both parties.
2. Antenuptial Contracts: Couples can opt for antenuptial agreements before marriage, defining property rights outside the default regime.
3. Maintain Records: Keeping receipts, contracts, and detailed records of contributions—whether financial or indirect—is essential in legal disputes. For example, if one partner pays for farm equipment while the other provides labour on the farm, both contributions should be documented.

Married couples are advised to seek legal guidance to fully understand their rights and obligations under Zimbabwe’s laws. Awareness and proactive measures can significantly reduce the risk of disputes and ensure equitable property sharing.

Looking Back: The History of Marriage Laws in Zimbabwe

Marriage laws in Zimbabwe have evolved significantly. Traditionally, customary marriages were the norm, governed by cultural practices rather than legal frameworks. Over time, the introduction of civil marriages provided a formal structure for regulating marital relationships and property ownership. The Marriages Act (Chapter 5:17) now combines these approaches, recognising civil, customary, and religious marriages while modernising property rights.

Divorce statistics in Zimbabwe reflect the social changes and challenges faced by couples. For example, recent figures from the 2022 Census revealed that divorce rates are rising, with financial disputes being one of the leading causes. Rural areas, where property sharing is less straightforward, often see more contentious divorces due to the lack of formal registration and legal literacy.

What’s Next?

While this article highlights the challenges of divorce and property sharing, there’s much more to explore. For example, the complex issue of cohabitation and property rights deserves a deeper look and will be covered in a future article.

Follow Our WhatsApp Channel for all the News from Mashonaland Central – Bindura, Mbire, Guruve, Mount Darwin, Rushinga, Shamva, Mazowe & Muzarabani: