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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:No Fault Divorce: Changing Divorce Laws in Zimbabwe
Author:Ncube, WelshmanISNI
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.
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