G v G (HC 21 of 2007) [2008] ZWHHC 31 (1 April 2008)

G v G (HC 21 of 2007) [2008] ZWHHC 31 (1 April 2008)

The marriage had irretrievably broken down as evidenced by persistent problems, failed counseling, and separation. There was no reasonable prospect of restoration. The defendant, being gainfully employed, was not entitled to maintenance. Custody and division of property were determined by agreement.

Citation
[2008] ZWHHC 31
Parties
Plaintiff: G; Defendant: G
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
1 April 2008
Case Number
HC 21 of 2007
Procedural Posture
Civil Trial / Judgment
Outcome
Decree of divorce granted
Legal Topics
Divorce, Custody, Maintenance, Division of Property
Source Language
English
Family Law Divorce Custody Maintenance Division of Property

Case Brief

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Parties

G

Plaintiff

G

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably and a decree of divorce should issue
  2. 2 Custody and maintenance of minor children
  3. 3 Division of matrimonial property

Ratio Decidendi

The marriage had irretrievably broken down as evidenced by persistent problems, failed counseling, and separation. There was no reasonable prospect of restoration. The defendant, being gainfully employed, was not entitled to maintenance. Custody and division of property were determined by agreement.

Court Disposition

Decree of divorce granted

Orders

  • A decree of divorce is issued.
  • Custody of the two minor children is awarded to the defendant with the plaintiff enjoying reasonable rights of access.