It is one of the requirements of Zimbabwean law, that for one to obtain a decree of divorce from the Court, the marriage should have irretrievably broken down, and that there are no prospects of restoration of a normal marriage relationship. Some pointers of irretrievable breakdown of a marriage union include, but are not limited to the following:
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- extreme and irreconcilable incompatibilities which frequently knock at the root of the union, making married life a galling yoke.
- Desertion
- cruelty
- Not living as husband and wife for a period in excess of twelve months, or any such longer period.
- the absolute loss of love and affection towards a partner.
Once there is a realization that a marriage cannot be salvaged, institution of divorce proceedings become necessary, and the process is commenced by/ through:
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- obtaining proper legal advice from an attorney, which usually then lead to-
- preparation of divorce summons, alleging the irretrievable breakdown of the marriage.
- service of the summons on the partner whom one intends to divorce, and in those proceedings, that party is called a defendant.
A defendant upon whom divorce summons have been served has options open to him, for example,
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- entering an appearance to defend the action, and articulating the reasons upon which such defense is premised.
- consenting to the granting of the relief being sought.
So this is a basic introduction. In our next article, we shall be articulating the various issues that arise in an action to obtain a decree of divorce, for instance,
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- custody of minor children of the marriage,
- mantainance, and access
- property rights
- etc
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