Harare High Court Rejects Businessman’s Bid To Change US$500,000 Divorce Settlement
A Harare businessman has lost a High Court bid to change the terms of a US$500,000 divorce settlement with his former wife, who now lives in Australia. The court ruled that Shahid Siddiqui had failed to provide sufficient financial evidence to justify changing the payment arrangements.
Justice Fatima Maxwell dismissed Siddiqui’s application to restructure the settlement, which was incorporated into a High Court order on 7 June 2024. He had asked to pay the outstanding balance through monthly instalments of AUD15,000 (approximately US$10,550 or R175,300).
Why Harare High Court Rejected The Divorce Settlement Bid
Siddiqui told the court that he had already paid AUD342,519 (approximately US$240,800 or R4 million) towards the AUD700,000 settlement. However, he argued that declining business performance at Property World (Pvt) Ltd had made it difficult to maintain the original payment schedule.
Justice Maxwell found that he had not provided sufficient financial records to prove that his circumstances had materially changed since agreeing to the settlement in March 2024.
The judge said:
“He was content to say his financial circumstances have materially and substantially changed. That change was not demonstrated by numbers.”
The court noted that Siddiqui had submitted management accounts covering only five months up to 31 May 2026. He had not provided comparable figures from the period when he agreed to the settlement.
Ex-Wife Opposed Businessman’s Proposed Payment Terms
Marina Pamela Siddiqui opposed the application, arguing that her former husband was already behind on an instalment of AUD138,334 (approximately US$97,250 or R1.62 million), which fell due on 7 June 2026.
The court heard that Siddiqui had been paying AUD15,000 (approximately US$10,550 or R175,300) monthly since March 2026. However, this would amount to AUD180,000 (approximately US$126,550 or R2.10 million) annually, below the agreed annual instalment of AUD183,344 (approximately US$128,900 or R2.14 million).
Justice Maxwell said a party seeking to change a court order must establish good cause, including a material change in circumstances.
The judge added:
“It seems the applicant is regretting having committed himself to such a payment schedule. Regret without good cause is not enough.”
The application was brought under Section 9 of the Matrimonial Causes Act, which allows courts to vary certain orders where sufficient grounds exist.
The couple married on 23 March 2021 and signed their settlement agreement in March 2024. Siddiqui applied to change the payment terms on 9 June 2026. The dismissal leaves the original settlement terms in place.
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