Grounds For Divorce Explained

• Published date: 20 October 2022
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Zenas Chambers, ChimwaMurombe Legal Practice
• Author: Mr Fungai Chimwamurombe and Rachel Sithole

What is Divorce

Divorce is defined as dissolution of a marriage by a court of law.it entails a change of status from married to non-marital signifying that one is now separated from their spouse. When one seeks to obtain a divorce order from court there are certain grounds for divorce that should be present in order for a divorce order to be given.

Grounds for divorce

Grounds for divorce refers to a basis upon which a divorce order can be granted. Grounds for divorce are found under Section 4 of the Matrimonial Causes Act [chapter 5.13], (hereinafter referred to as the Act) and these are the following,

1. Irretrievable breakdown of the marriage and,
2. Incurable mental illness or continuous unconsciousness

Irretrievable breakdown of the marriage

Section 5 of the Act lays down the scenarios that the court considers in determining whether a marriage has irretrievably broken down or not. It states that the marriage relationship between the parties, must have broken down to such an extent that there is no reasonable prospect of restoration of a normal marriage relationship such as that

1. Parties have not lived together as husband and wife for at least 12 months immediately before the date of commencement of the divorce action.
2. A party has committed adultery and this is incompatible with the continuation of a normal marriage relationship
3. One part has been
   1. sentenced to prison for period of 15 years
   2. Has been declared a habitual criminal.
   3. sentenced to extended imprisonment and in accordance with this has been detained for a continuous period or interrupted periods of at least 5yrs within, 10yrs immediately before the date of commencement of the divorce
4. a. A spouse has treated the other with such cruelty mental or otherwise
   b. A spouse has subjected themselves to intoxicating liquor or drugs to such an extent that a continuation of a normal marriage relationship cannot be sustained.

The above are not the only factors to be considered, the court may consider any...