Grounds for divorce
A marriage may be dissolved by a decree of divorce by an appropriate court only on the grounds of—
(a) irretrievable break-down of the marriage as contemplated by section five; or
(b) incurable mental illness or continuous unconsciousness of one of the parties to the marriage as contemplated by section six.
Irretrievable break-down
(1) An appropriate court may grant a decree of divorce on the grounds of irretrievable break-down of the marriage if it is satisfied that the marriage relationship between the parties has broken down to such an extent that there is
no reasonable prospect of the restoration of a normal marriage relationship between them.
(2) Subject to subsection (1), and without prejudice to any other facts or circumstances which may show the irretrievable break-down of a marriage, an appropriate court may have regard to the fact that—
(a) the parties have not lived together as husband and wife for a continuous period of at least twelve months
immediately before the date of commencement of the divorce action; or
(b) the defendant has committed adultery which the plaintiff regards as incompatible with the continuation of a
normal marriage relationship; or
(c) the defendant has been sentenced by a competent court to imprisonment for a period of at least fifteen years
or has, in terms of the law relating to criminal procedure, been declared to be a habitual criminal or has
been sentenced to extended imprisonment and has, in accordance with such declaration or sentence, been
detained in prison for a continuous period of, or for interrupted periods which in the aggregate amount to, at
least five years, within the ten years immediately before the date of commencement of the divorce action; or
(d) the defendant has, during the subsistence of the marriage—
(i) treated the plaintiff with such cruelty, mental or otherwise; or
(ii) habitually subjected himself or herself, as the case may be, to the influence of intoxicating liquor or
drugs to such an extent;
as is incompatible with the continuation of a normal marriage relationship;
as proof of irretrievable break-down of the marriage.
(3) If it appears to an appropriate court that there is a reasonable possibility that the parties may become reconciled through marriage counsel, treatment or reflection, the court may postpone the proceedings to enable the parties
to attempt a reconciliation.
(4) Where proceedings have been postponed in terms of subsection (3), they may be resumed, with leave of the
court, before any other presiding officer or judge of the court
Mental illness or continuous unconsciousness
(1) In this section—
“psychiatrist” means a medical practitioner who is registered in Zimbabwe or possesses qualifications which
make him eligible for registration in Zimbabwe and—
(a) possesses a diploma or degree in psychiatric medicine which has been granted by a university or other body
and whose ordinary qualifications are registrable with the Medical and Dental Practitioners Council of Zimbabwe established by the Health Professions Act [Chapter 27:19]; or
(b) has at least five years’ experience in the treatment of mental disorders in an institution which is exclusively
devoted to such treatment.
(2) Subject to subsection (3), an appropriate court may grant a decree of divorce on the grounds of mental illness
or continuous unconsciousness of the defendant if satisfied, as the case may be, that—
(a) the defendant is suffering from a mental disease or defect and has been under care and treatment for a
continuous period of, or for interrupted periods which in the aggregate amount to, at least five years, within
the ten years immediately before the date of commencement of the divorce action; or
(b) the defendant is by reason of a physical disorder in a state of continuous unconsciousness which has lasted
for a period of at least six months immediately before the date of commencement of the divorce action;
and that there is no reasonable prospect that he will be cured or will regain consciousness, as the case may be.
(3) An appropriate court shall not grant a decree of divorce on any ground referred to in subsection (2) unless it
is satisfied by the evidence of at least three medical practitioners, of whom two shall be psychiatrists appointed by the
court, as to the matters referred to in paragraph (a) or (b), as the case may be, of that subsection.
(4) For the purposes of this section, a person shall be deemed to be under care and treatment—
(a) while he is detained in pursuance of any order or warrant issued under the law of Zimbabwe or of any other
country which relates to mental disorder; or
(b) while he is receiving treatment as a voluntary patient under any such law;
and in no other case.