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High Court Sees 27% Surge in Divorce Applications

heraldonline.co.zw
January 18, 20264 days ago
Divorce applications surge 27pc at High Court

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The High Court of Zimbabwe recorded a 27% surge in divorce applications last year, reaching 3,989 cases. This increase contrasts with a 15% decline in completed divorces, indicating court strain. Factors contributing to marital breakdowns include labour migration, changing gender dynamics, economic challenges, and increased legal awareness empowering individuals to seek dissolution of marriage.

Mashudu Netsianda and Judith Phiri The High Court of Zimbabwe received 3 989 divorce applications between January and December last year, marking a 27 percent increase from the 3 138 cases recorded in the previous year. Statistics obtained from the Judicial Service Commission (JSC) show that despite the surge in filings, there was a 15 percent decline in completed divorces, which fell from 2 939 in 2024 to 2 493 in 2025, pointing to growing pressure on the courts. The High Court operates from five main stations — Harare, Bulawayo, Masvingo, Mutare and Chinhoyi — and collectively handles divorce matters under the Matrimonial Causes Act, which allows dissolution of marriage on grounds such as irretrievable breakdown, adultery, abuse and prolonged separation. Harare continued to account for the largest share of cases. Registrations rose sharply from 1 939 in 2024 to 2 386 in 2025, representing a 23 percent increase, while completed divorces dropped from 1 844 to 1 393, a 24 percent decline. In Bulawayo, divorce registrations jumped from 754 in 2024 to 1 052 cases last year, an increase of about 40 percent, while completed cases declined from 710 in 2024 to 640 in 2025. Smaller stations recorded relatively stable trends. Masvingo saw registrations increase moderately from 180 in 2024 to 208 in 2025, while completed cases improved from 136 in 2024 to 156 in 2025. In Mutare, completions remained largely proportional to registrations, with 151 of 157 cases completed in 2024 and 210 of 221 cases finalised in 2025. Chinhoyi recorded a slight increase in registrations from 108 in 2024 to 122 in 2025, while completions declined marginally from 98 (2024) to 94 (2025). The increase in divorce applications contrasts sharply with marriage statistics, which show that 11 160 couples had their marriages solemnised by magistrates across the country in 2025, with Harare leading at 4 053 marriages. The figures suggest that while marriage remains popular, marital stability is increasingly under strain. Experts said factors placing unprecedented strain on marriages include labour migration to the diaspora, changing gender dynamics and the gradual erosion of traditional family support systems. Zimbabwe Human Rights Commission (ZHRC) chairperson Ms Fungayi Jessie Majome, who is also a lawyer, attributed the surge in divorce filings to greater legal awareness and access to justice, particularly among women. “There is now greater awareness in terms of legal remedies essential for empowering individuals to protect their rights, prevent exploitation and access justice,” she said. Ms Majome said decentralisation of legal services, particularly through the Legal Aid Directorate under the Ministry of Justice, Legal and Parliamentary Affairs, has made divorce and related legal processes more accessible. “The Legal Aid Directorate is now spread across the country, offering free legal advice and representation to indigent persons in matters such as divorce, maintenance, domestic violence and property disputes. This has enabled people who previously could not afford private lawyers to seek legal redress,” she said. Bulawayo-based lawyer Mrs Nikiwe Ncube-Tshabalala said economic challenges and labour migration were playing a major role in marital breakdowns. “You have people going to the diaspora or couples separating because of economic reasons. Marriages become intolerable, leading to divorce,” she said. Mrs Ncube-Tshabalala also noted a decline in traditional family structures that previously helped groom and support couples. “In the past, families played a central role in grooming couples, but now that support system has weakened. Some people are also entering marriages for the wrong reasons,” she said. Counsellor and lawyer Mr Prince Butshe-Dube said divorce filings are increasingly driven by social and cultural shifts, including changing expectations within marriage. “Women are now more emancipated and financially independent, unlike in the past, which makes it easier for them to exit unhealthy marriages,” he said. Family law expert Ms Nozabelo Ndlovu echoed similar sentiments, citing economic hardship and financial independence as key drivers. “Lack of financial stability contributes to the collapse of marriages. At the same time, many women can now afford to look after themselves and their families without relying solely on their spouses,” she said. Retired High Court judge Justice Lawrence Kamocha said infidelity remains the leading cause of divorce, often exacerbated by prolonged separations linked to diaspora employment. “During my time at the High Court, infidelity was the most common cause of divorce. One spouse works in the diaspora while the other remains behind, and human nature comes into play,” he said. Justice Kamocha added that young and newly married couples dominate divorce statistics, urging parents to avoid interfering in their children’s marriages. “You also have family-related issues, such as young couples who would not have been weaned off by their parents. “Parents should let their children run their families and learn from each other so that they don’t rely too much on them,” he said. “Once a child is married, parents must allow them to build their home independently. Excessive interference contributes significantly to marital breakdowns.” Justice Kamocha also cited physical and emotional abuse as growing contributors to divorce. Marriage counsellor Mr Innocent Moyo blamed the rising divorce trend on the breakdown of the extended family system, poor communication and delayed intervention. “Most couples seek help too late, leading to more serious damage. Counselling should continue even after marriage as a sign of commitment and to address challenges early,” he said. Reverend Mkhululi Tshuma of Harvest House International Church said the statistics are a serious indictment on society. “The institution of marriage must never be taken lightly. Some people enter marriage for convenience, visas or material gain. Premarital counselling is critical,” he said. Rev Tshuma urged churches, family elders and communities to intensify premarital and marital counselling. “People need to be prepared for what marriage entails and how to sustain it for life,” he said.

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    Divorce Applications Surge 27% at High Court