Meyer v Meyer (HP/D 214 of 2016) [2016] ZMHC 183 (12 November 2016)

Meyer v Meyer (HP/D 214 of 2016) [2016] ZMHC 183 (12 November 2016)

The marriage has broken down irretrievably as the parties have lived apart for at least two years and both consent to the divorce. The statutory requirements for dissolution under the Matrimonial Causes Act have been met.

Citation
[2016] ZMHC 183
Parties
Petitioner: Soraya Geloo Meyer; Respondent: Derick Hussein Meyer
Court
High Court of Zambia
Jurisdiction
Zambia
Judgment Date
12 November 2016
Case Number
HP/D 214 of 2016
Procedural Posture
Matrimonial Cause (divorce) / Judgment
Outcome
decree nisi granted; ancillary matters referred
Legal Topics
Divorce, Custody, Maintenance, Matrimonial Property
Source Language
English
Family Law Divorce Custody Maintenance Matrimonial Property

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Parties

Soraya Geloo Meyer

Petitioner

Derick Hussein Meyer

Respondent

Procedural Posture

Matrimonial Cause (divorce) / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably under Zambian law
  2. 2 Whether the parties have lived apart for at least two years preceding the petition
  3. 3 Custody and maintenance of children

Ratio Decidendi

The marriage has broken down irretrievably as the parties have lived apart for at least two years and both consent to the divorce. The statutory requirements for dissolution under the Matrimonial Causes Act have been met.

Court Disposition

decree nisi granted; ancillary matters referred

Orders

  • Decree nisi to become absolute within 6 weeks unless cause is shown
  • Custody of children to be determined in chambers within 30 days on application by either party in default of agreement