What Is An Uncontested Divorce?
Divorce proceedings are said to be uncontested when both parties to the marriage agree on all issues relating to the divorce.
This means that the parties must agree on the following:
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That the marriage has irretrievably broken down to such an extent that it is incompatible with the continuation of a normal marital relationship.
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Who will have custody of the minor children of the marriage, if any.
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The access or visitation rights which the non-custodial parent will have to the minor children.
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The amount of maintenance the non-custodial parent will contribute monthly towards the upkeep of the minor children.
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How the assets of the parties will be shared upon divorce.
Instituting The Divorce Proceedings
Divorce proceedings are initiated by way of action proceedings — meaning they start with a summons, not a court application.
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The party initiating the proceedings is called the plaintiff.
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The party against whom the proceedings are brought is called the defendant.
Attached to the summons will be a Declaration — a written statement the plaintiff submits to the court, setting out:
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The names and physical addresses of the parties.
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The type of marriage, when and where they got married.
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The basis upon which the court has jurisdiction to hear the matter.
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The grounds for divorce.
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The names and dates of birth of any minor children born of the marriage.
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Who will have custody of the minor children after divorce.
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How much maintenance the non-custodial parent will contribute monthly until the children reach the age of majority or become self-sufficient — whichever comes first.
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The access/visitation rights the non-custodial parent will have.
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How assets will be shared upon divorce.
Service Of The Divorce Summons
The divorce summons must be personally served on the defendant by the Sheriff of the High Court. This is because divorce affects a person’s legal status.
If the defendant’s whereabouts are unknown, an application for substituted service must be made to the court. This could allow service by alternative means — for example, publication in a widely circulated daily newspaper.
If the defendant is outside Zimbabwe, an application for edictal citation must be made for leave to serve the summons in another country.
The Procedure Subsequent To Service Of Divorce Summons
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The plaintiff and defendant prepare and sign a consent paper setting out what they have agreed.
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The defendant signs an affidavit of waiver, stating:
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They do not wish to defend the matter.
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They do not wish to be served with any notice of set down.
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They have signed a consent paper and identified the signatures on the consent paper and marriage certificate.
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The plaintiff, after reviewing the affidavit of waiver, deposes to an affidavit of evidence, incorporating both the consent paper and the affidavit of waiver.
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The matter is then set down for hearing.
(The parties are not necessarily required to attend court.)
Lenon Itai Rwizi is a Registered Legal Practitioner of the Superior Courts of Zimbabwe and can be contacted on: +263 774 159 146 or +263 713 967 341 | [email protected]
The above does not constitute formal legal advice and does not create any type of attorney-client relationship. Please seek legal advice from your own lawyer by contacting the writer via Facebook or any attorney of your choice.
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The post How To Process An Uncontested Divorce Proceedings In Zimbabwe appeared first on iHarare News.
