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ARTICLE · 13 JULY 2021

Divorce

Zenas Chambers, ChimwaMurombe Legal Practice
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Is it possible to initiate divorce proceedings when I am not in Zimbabwe?

ZimbabweFamily and Matrimonial

1. Is it possible to initiate divorce proceedings when I am not in Zimbabwe?

This question can be answered in varying ways in the sense that the couple's status may or may not affect the ability to initiate divorce proceedings in Zimbabwe. First and foremost a divorce process can be adjudicated in a Zimbabwean court if the domicile of the husband at that time of instituting proceedings is Zimbabwe. Domicile in the legal sense means Someone's true, principal, and permanent home. In other words, the place where a person has physically lived, regards as home, and intends to return even if currently residing elsewhere. This is so even if as indicated one is resident elsewhere. Additional jurisdiction based on a Zimbabwean woman who is married to a foreign husband is listed in section 3 of the Matrimonial causes Act [Chapter 5:13]. In order to divorce a party must employ the services of a local legal practitioner and empower such practitioner with the mandate

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