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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Re-allocation of matrimonial property at the dissolution of marriage in Zimbabwe
Author:Ncube, WelshmanISNI
Year:1990
Periodical:Journal of African Law
Volume:34
Issue:1
Pages:1-8
Language:English
Geographic term:Zimbabwe
Subjects:customary law
family law
marriage law
property
women
law
Law, Legal Issues, and Human Rights
Cultural Roles
divorce
Abstract:Zimbabwe, having inherited laws that were heavily loaded against women both under the general law (Roman-Dutch Common Law and Statute Law) and customary law at the time of independence faced the question of finding a fair and equitable system for the reallocation of the property of spouses upon the dissolution of their marriage either at divorce or death. The author discusses and evaluates Zimbabwe's experiment in attempting to resolve the problem, outlining the changes made by the Matrimonial Causes Act 1, No. 33 of 1985, and the Deceased Persons Family Maintenance Amendment Act, No. 21 of 1987, in the context of the law that prevailed prior to the enactment of these two Acts. He concludes that, in the case of Zimbabwe, the legislative reforms designed to create a fair and equitable system for the reallocation of the property of spouses upon the dissolution of their marriage have been based on granting discretionary powers to the courts to reallocate the property of the spouses. It is still too early to come to any definite conclusions as to whether or not these discretionary powers will be exercised progressively. Notes, ref.
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