Kamusasa & Musendo Legal Practitioners

15/01/2026

DID YOU KNOW ADULTERY IS NOT A VALID GROUND OF DIVORCE IN ZIMBABWE???

Divorce is a legal process that formally dissolves a valid marriage through the courts. In Zimbabwe the action for divorce is governed primarily by the Matrimonial Causes Act [Chapter 5:13], which recognizes that marriages may break down beyond repair.

GROUNDS FOR DIVORCE
Many people believe that adultery on its own is a ground for divorce in Zimbabwe. However, this is a common misconception. Section 4 of the Matrimonial Causes Act recognises two grounds of divorce on which the High Court of Zimbabwe can grant a decree of divorce and adultery is not one of the grounds of divorce.

The first and most common ground in Zimbabwe is irretrievable breakdown of the marriage. This applies where the marriage relationship has broken down such that it cannot be restored to a normal marriage relationship. The facts and circumstances that can be used to show that the marriage has broken down are;
i. separation for a period of at least twelve months
ii. adultery
iii. imprisonment for a period of at least fifteen years
iv. cruelty
v. habitual intoxication

The second and not so common ground of divorce is incurable mental illness or continuous unconsciousness of one spouse for a continuous period of at least five years such that there are no reasonable prospects of cure or regaining consciousness.

In conclusion, while adultery is often associated with divorce, it is not a ground for divorce in Zimbabwe. Instead, it may be used as part of the evidence to support the claim that a marriage has broken down irretrievably. In order for the High Court to grant a decree of divorce, parties are required to satisfy the Court that there is irretrievable breakdown of the marriage or mental illness or continuous unconsciousness which is incompatible with restoration of the marriage to its normal state.

12/01/2026

Big thanks to Marvelous Masunda, Anotida Nyabadza

for all your support! Congrats for being top fans on a streak 🔥!

23/07/2025

23/07/2025

The newly gazzetted Deeds Registries Regulations 2025 shall come into effect on a date to be fixed by the Minister of Justice. Expect these sweeping changes to the practice of conveyancing anytime. Securitised Deeds will be expected ie Deeds will be required to be validated, digitised and issued under a new securitisation framework. Seek advice and get protected

19/02/2025

Regional Town and Country Planning Act [Chapter 29:12]

Many land owners in Zimbabwe have been subdividing their farms, large stands or plots and selling to people, sometimes under a development plan. This is okay, though it MUST be done in terms of a valid sub division permit.

If you are buying a piece of land, which is part of a bigger land, or which has a parent title deed, insist on seeing the valid subdivision permit first.

You may find yourself holding on to a piece of paper that has no legal value, because you signed an unlawful agreement, and your money may be gone or will be harder to recover.

If you are selling a piece of land, which is part of a bigger land, or which has a parent title deed, ensure you obtain a valid subdivision permit first, you may find yourself being sued from all corners and you potentially lose land and money.

Never under estimate the value and importance of paperwork.

31/12/2024

Death Penalty Abolition Act passed into law. Good or bad for Zimbabwe??

16/12/2024

Always do a due diligence before buying land

11/10/2024

Messrs Kamusasa and Musendo Legal Practitioners congratutes you Sir, Major General (Retired) Happyton Bonyongwe for the successful launch of your book 'One Among Many- My contribution to the Zimbabwean story '. Well done CDE.