Divorce proceedings, whether contested or uncontested, are initiated by a Summons (with the Plaintiff’s declaration attached) served personally on the Defendant. If the Defendant lives outside Zimbabwe, a separate court application for service outside the country (an application for edictal citation) is required. If the Defendant’s whereabouts are unknown, an application can be made to serve via publication.
If the Defendant defends against the declaration, it becomes a contested divorce. This leads to standard legal procedures, including in-person pre-trial conferences and a trial. A contested divorce can become uncontested if the parties resolve all issues.
If both parties agree the marriage has broken down and no other issues (like custody or property) are disputed, it proceeds as an uncontested divorce. After the Summons is served, the parties sign a Consent Paper, an Affidavit of Evidence (Plaintiff), and an Affidavit of Waiver (Defendant). If represented, neither party needs to appear in court. Documents signed abroad must be notarized.
A contested divorce takes longer, costs more, and is emotionally taxing. While an uncontested divorce is preferable, it doesn’t require abandoning one’s rights. Consulting a lawyer is advisable to make an objective decision, often involving negotiation to reach a fair settlement, especially concerning children. An uncontested divorce is less time-consuming and costly but isn’t immediate, particularly with international notarization.
Disclaimer: This article is for general information only and not legal advice. We accept no liability for reliance on this information.
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