divorce

Oct
14
2021

Fairness at divorce

By Carmel Rickard

Two new judgments from the courts in Kenya and Zimbabwe underline changing judicial views about the role of women in building up a family home and the contribution that women, as wives and mothers, may be said, on divorce, to have made. One stresses with new urgency that women who work in the home should stand up for their rights and, at divorce, be prepared to give evidence in court about the significance of their contribution to the home.

Read Kenyan judgment

Read Zimbabwean judgment

 

Women facing divorce settlements are often particularly vulnerable to claims that they are not entitled to equal shares of matrimonial property because their financial contributions to the property had been less than the contributions of their former husbands.

Jul
08
2020

Man, criticised by court for not being open about his wealth, leaves divorce empty-handed

By Carmel Rickard

A man who walked out of his family home 20 years ago, after having a number of affairs and giving his wife an incurable sexually-transmitted infection, has emerged empty-handed from their divorce. This, after the high court ruled that he had made no contribution to the support of his family since he quit the matrimonial home. The man had demanded half of the house in which his now former wife lived, even though he is a well-to-do international business man.

Read judgment

It all started out well for the couple when they married 40 years ago. But things changed dramatically. 

After 17 years together, the man ‘deserted the matrimonial home’ and they have not lived together since then. Some years ago, he made two starts at divorce, but when it became clear that the wife would file a counter claim the man ‘developed cold feet’, said Harare high court judge Alphas Chitakunye. 

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