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Periodical article | Leiden University catalogue | WorldCat |
Title: | No Fault Divorce: Changing Divorce Laws in Zimbabwe |
Author: | Ncube, Welshman |
Year: | 1988 |
Periodical: | The Zimbabwe Law Review |
Volume: | 6 |
Pages: | 32-52 |
Language: | English |
Notes: | biblio. refs. |
Geographic terms: | Zimbabwe Southern Africa |
Subjects: | marriage law divorce law Zimbabwe. Matrimonial Causes Amendment Act customary law Law, Legal Issues, and Human Rights Marital Relations and Nuptiality |
Abstract: | The old general law grounds for divorce in Zimbabwe were abolished in 1985 through the Matrimonial Causes Act, no. 33 of 1985. The old customary law grounds for divorce were abolished in 1987 by the Matrimonial Causes Amendment Act, no. 11 of 1987. The grounds for the dissolution of customary law and general law marriages are now the same. Section 4 of the new divorce law provides that a marriage may be dissolved on the ground of irretrievable breakdown of the marriage and incurable mental illness or continuous unconsciousness of one of the parties to the marriage. Section 5(1) of the Matrimonial Causes Act provides the test for determining whether a marriage has irretrievably broken down or not and section 5(2) provides the court with certain guidelines to assist in determining whether a marriage has irretrievably broken down: one year separation, adultery, imprisonment and cruelty. Divorce is also available on the consensus of both parties. Section 6 of the Act elaborates the circumstances in which mental illness or continuous unconsciousness would amount to a ground for divorce. Notes, ref. |