Zimbabwe High Court News Rule Women Get 50 Percent Share Upon Divorce

By Staff Reporter
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July 16, 2020

Supreme Court Issues Landmark Ruling On property Sharing At Divorce.

THE Supreme Court has ruled that a woman who did not make any direct contributions to the acquisition of can be awarded a 50 percent share upon divorce.

Justices Ben Hlatshwayo, Chinembiri Bhunu and Tendai Uchena made the ruling in the case of Govati Mhora versus Emmaculata Mhora divorce matter in which the former was challenging the decision by the High Court to award the respondent a 50 percent share of their Harare matrimonial home on grounds that she had never made any direct contribution to the acquisition of the property.

Mr Mhora stated that the house was acquired through his individual effort and he single-handedly raised the payment for the said property.

The Supreme Court dismissed the appeal and upheld the lower court’s judgment.

According to the judgment, the court considered Mrs Mhora’s indirect contributions and came to the conclusion that she should be awarded a 50 percent share of the immovable property.

It said over the years courts have awarded considerable shares in immovable property to spouses when they did not make direct contributions towards acquisition, but noted that each case is dealt with according to its merit and circumstances.

“The court a quo took into consideration the indirect contribution made by the respondent in taking care of the family and the household through the non-financial means for a period of close to five decades. It also took into consideration the fact that the respondent also took care of three of the appellant and the other wife (divorced) and two children born out of wedlock. The court considered the 47 years of marriage and the indirect contributions and expectations flowing from such a long marriage. It also took into account the age of the respondent who is aged 65 and that she was past her prime age and there was no possibility of remarriage,” reads part of the ruling.

The court cited other matters in which spouses were awarded 35 percent share and 50 percent share.

“However, it must be borne that in mind that each case must be dealt with according to its own circumstances and merit. I am of the view that the circumstances of this case justify the awarding of a 50 percent share of the immovable property,” reads part of the ruling.

Gweru lawyer, Mrs Takashinga Pamacheche- Mubonesi of Gundu, Dube and Pamacheche Legal Practitioners said the ruling is a welcome transition in the recognition of women’s rights as provided for in the Constitution.

She said the ruling recognises the important role of women in marriage as well as in the home.

Mrs Pamacheche-Mubonesi said the SC ruling noted the need to recognise the vital motherly duties and their contribution to acquisition of assets and property within marriages. “Most outcomes have been agreements between the parties after a round table. In most cases it’s the men who have been prone to raise it as a defence that the woman or wife has not made financial contribution in the acquisition of assets or property,” she said.

The director of the Zimbabwe Women Lawyers Association (ZWLA) Mrs Abigail Matsvayi said when divorcing, it is important for both parties to consider contributions that each part made while married.

She said it’s not just about financial contributions as women contribute in different ways which include taking care of the children and upkeep of the family.

“These contributions can be financial and non-financial. And when separating or divorcing, you ought to give each part what is due to them based on what they contributed in marriage. For women in particular as they are mostly disadvantaged, this judgement enables them to get a fair share of the immovable property. Generally, this SC ruling is a good reason for women to celebrate,” said Mrs Matsvayi.

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Child Custody Lawyer: Protecting Parenting Rights During Divorce

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Child Custody Lawyer: Protecting Parenting Rights During Divorce

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When children are involved, divorce becomes more than a financial separation. It becomes a parenting transition.

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A child custody lawyer helps parents create parenting plans, resolve custody disputes, protect parental rights, and focus on the child’s best interests.

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Custody laws vary by state, but courts generally want arrangements that support the child’s safety, stability, and well-being.

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What Is Child Custody?

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Child custody may involve two major parts.

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Legal Custody

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Legal custody involves decision-making authority for important matters such as:

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Education
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Physical Custody

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Physical custody involves where the child lives and how parenting time is shared.

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States may use different terms, such as custody, parenting time, visitation, conservatorship, or parental responsibility.

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What Does a Child Custody Lawyer Do?

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Parenting plans
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rnVisitation schedules
rnChild support issues
rnRelocation disputes
rnEmergency custody requests
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rnCourt hearings
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rnDomestic violence concerns
rnEnforcement of custody orders

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Custody cases require strategy, documentation, and emotional discipline.

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What Is a Parenting Plan?

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A parenting plan is a written agreement or court order explaining how parents will share time and responsibilities.

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It may include:

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Regular weekly schedule
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rnDispute resolution process

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A clear plan reduces future conflict.

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Factors Courts May Consider

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Each state has its own standards, but courts may consider factors such as:

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Child’s age
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rnHistory of caregiving
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rnDomestic violence
rnSubstance abuse
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rnAbility to support the child’s relationship with the other parent

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A custody lawyer can explain the factors used in your state.

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How to Prepare for a Custody Case

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Helpful steps include:

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Keep a parenting calendar
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rnDocument medical appointments
rnKeep communication respectful
rnFollow temporary orders
rnAttend activities when possible
rnAvoid negative posts online
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rnGather relevant evidence

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Judges often care about which parent supports stability and responsible co-parenting.

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Mistakes to Avoid in Custody Cases

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Avoid:

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Using children as messengers
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rnIgnoring court orders
rnSending angry texts
rnPosting about the case online
rnRefusing reasonable communication
rnMoving without legal advice
rnMaking false accusations
rnMissing school or medical responsibilities

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Custody cases are often influenced by behavior.

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Custody Mediation

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Many courts encourage or require mediation before a custody trial.

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Mediation may help parents resolve:

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Parenting schedules
rnHoliday time
rnTransportation
rnCommunication
rnExtracurricular activities
rnDecision-making
rnTravel

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A lawyer can help you prepare before mediation so you do not agree to terms that do not work long-term.

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Final Thoughts

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A child custody lawyer can help protect your relationship with your child during one of the most stressful times in family life.

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The strongest custody strategy is not revenge. It is preparation, stability, and a child-focused plan.

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Before agreeing to custody terms, understand your rights and how the order may affect your family for years.

Spinal Cord Injury Lawyer: Compensation After A Life-Changing Injury

A spinal cord injury can change every part of a person’s life. Victims may face paralysis, chronic pain, limited mobility, surgery, rehabilitation, and major lifestyle changes. A spinal cord injury lawyer helps victims pursue compensation.

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These injuries may result from car accidents, truck crashes, falls, workplace accidents, medical errors, or violence.

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The cost of care can be extremely high. Victims may need wheelchairs, home modifications, personal care assistance, therapy, medication, and future surgeries.

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A lawyer can calculate both current and future damages. This is important because spinal injuries often require lifelong care.

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Compensation may include medical bills, lost income, future care, pain and suffering, disability, and loss of independence.

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Strong legal claims require medical records, expert testimony, accident evidence, and proof of negligence.

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A spinal cord injury is serious. Victims should not accept quick settlements without understanding long-term costs.