Registration Of A Divorce Order From A Foreign Country

• Published date: 03 May 2023
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Zenas Chambers, ChimwaMurombe Legal Practice
• Author: ChimwaMurombe Legal Practice

In most instances, couples marry each other before leaving the country to start a new life in another country. Where one obtains a divorce decree in a foreign country it is crucial for one to register the order in the country where the marriage was solemnized. The justification for registering a divorce judgment obtained abroad is that the parties to the divorce must have their status in the nation where their marriage was solemnized and updated. As long as the parties haven't registered with the proper court, they will be treated as a married couple.

Why

The law requires one to apply for divorce in the jurisdiction where the husband domiciles (permanently staying) when the action is instituted. In the event that the parties involved are not residents of Zimbabwe at the institution of the divorce proceedings, they ought to obtain the order where the husband is domiciled. Having fulfilled that requirement one will have to get an order from the court where the husband is domiciled. Once the order is obtained the question comes whether the order is from a foreign court other than the court where the parties obtained their marriage certificate or where the marriage was solemnized.

If the marriage was consummated in Zimbabwe and the wife has continued to reside there for a minimum of two years as of the action's filing date, despite the fact that the husband has never had a place of residence there; or If the wife is a Zimbabwean citizen at the action's filing date and has been regularly residing there for a minimum of two years as of that date one will have register the foreign order from another...