The Panashe Sagwete Legal Brief

09/09/2026

A frequently asked question is when a decree of divorce is granted and it is coupled with an order for spousal maintenance and maintenance for children , how long do these orders last?

Some of you might be relieved to hear that generally they do not last forever. (Please note I have ‘generally’ This answer is also regulated by Section 8 of the Matrimonial Causes Act [ Chapter 5:13]

A maintenance in respect of a spouse stops

⚜️when the spouse dies or remarries; or
⚜️if the order was made pursuant to a decree of judicial separation, when that decree is set aside or if a decree of divorce is granted.

An order for the periodic payment of maintenance in respect of a child stops:-

⚜️when the child dies or marries; or
⚜️when the child is adopted; or
⚜️when the child attains the age of eighteen years; or
⚜️when the child becomes self-supporting;
whichever occurs the earlier.

Remember I said ‘generally’ . This is to say it is a general rule however, the order can change, or be extended depending on the circumstances. Where maintenance for children is concerned it is not as black and white as spousal maintenance.

An appropriate court may direct that the maintenance order for a child shall extend beyond the date when the child attains the age of eighteen years—

(a) if the child is or will be receiving education or training beyond attaining that age; or

(b) if there are special circumstances which justify such direction.

So 18 years is not always the cut off but the key take away here is there must be a court order extending the maintenance order.

This is not legal advice. But general knowledge for you. Consult a legal practitioner always as we are best suited to interpret your court orders.

Be guided accordingly.

Article by Panashe Sagwete - Bwoni
Legal Practitioner at Masawi and Partners

A registered legal practitioner with the Law Society of Zimbabwe, practicing with Masawi and Partners. Areas of law include, civil litigation, family law, labour law in lower and superior courts in Zimbabwe 🇿🇼

09/09/2026

In divorce proceedings, usually, there will be some property or properties in dispute, especially where the divorce is contested. Divorce proceedings also handle maintenance matters so that there is a wholesome approach.

Our courts are guided by the law (legislation) first as a starting point and then precedent (past decided cases). The specific law with guides the courts in sharing of matrimonial property is called The Matrimonial Causes Act [ 5:13]. If you have ever been divorced, and have actually read your court order, it makes reference to this Act.

Section 7 firstly tells that, in the granting a decree of divorce, judicial separation or nullity of marriage, the Court will have regard to—

(a) the division, apportionment or distribution of the assets of the spouses, including an order that any asset be transferred from one spouse to the other;

(b) the payment of maintenance, whether by way of a lump sum or by way of periodical payments, in favour of one or other of the spouses or of any child of the marriage.

In your initial consultation this is the information we ask, together with your reasons for the divorce (remember we have 2 legal grounds for divorce)

4) In making an order for property sharing or divorce the courts take into consideration all the circumstances of the case, including the following—

⚜️the income-earning capacity, assets and other financial resources which each spouse and child has or is likely to have in the foreseeable future;

⚜️ the financial needs, obligations and responsibilities which each spouse and child has or is likely to have in the foreseeable future;

⚜️the standard of living of the family, including the manner in which any child was being educated or trained or expected to be educated or trained;

⚜️the age and physical and mental condition of each spouse and child;

⚜️the direct or indirect contribution made by each spouse to the family, including contributions made by looking after the home and caring for the family and any other domestic duties;

⚜️the value to either of the spouses or to any child of any benefit, including a pension or gratuity, which such spouse or child will lose as a result of the dissolution of the marriage;

⚜️the duration of the marriage; and in so doing the court shall endeavour as far as is reasonable and practicable and, having regard to their con duct, is just to do so, to place the spouses and children in the position they would have been in had a normal marriage relationship continued between the spouses.

Believe it or not our Judges do not just wake up one day and apply a random formula they make up in their heads.

This is why consultations are important. When legal practitioners draft your court papers we want to mage sure the comply with the law. Leaving out evidence is detrimental to your case. We are always guided by statute.

This is not legal advice. This is background knowledge for you to understand how the law guides these decisions.

As per usual, make an appointment with a legal practitioner to understand how your divorce process will unfold.

Be guided accordingly.

Article by Panashe Sagwete -Bwoni
Legal Practitioner at Masawi and Partners

08/09/2026

People divorce for a number of different reasons such as adultery, fundamental differences such as religious practices, or even traditional practices.

However to legally divorce in terms of our Zimbabwean laws there are two (2) legal requirements that the party seeking the divorce must satisfy.

According to section 4 of the Matrimonial Causes Act [Chapter 5:13] 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; or

(b) incurable mental illness or continuous unconsciousness of one of the parties to the marriage.

To illustrate the breaking down of the marriage you can also add your reasons such as:

1. You 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

2. The defendant has committed adultery which the plaintiff regards as incompatible with the continuation of a normal marriage relationship; or

3.The defendant has been sentenced by a competent court to imprisonment for a period of at least fifteen years or has been declared to be a habitual criminal or has been sentenced to extended imprisonment ...

4. 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 that it has affected the marriage.

The court will grant a divorce order if it 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.

Our courts don't take the divorce process lightly. The process is very specific. The papers have to be drafted a particular way. The High Court of Zimbabwe Rules 2021 has a section dedicated to matrimonial matters.

It is important to always consult with a legal practitioner. Not all divorces are the same. The legal requirements maybe straight forward but the substance will differ from case to case.

This is not legal advice, just some general knowledge for you to understand the basic legal framework.

Be guided accordingly.

Article by Panashe Sagwete- Bwoni
Registered Legal Practitioner at Masawi and Partners

A registered legal practitioner with the Law Society of Zimbabwe, practicing with Masawi and Partners. Areas of law include, civil litigation, family law, labour law in lower and superior courts in Zimbabwe 🇿🇼

08/09/2026

The types of marriages in Zimbabwe are defined from law. They are not just commonly used terms to differentiate the types of marriages we have.

The Marriages Act [Chapter 5:17] is the legal instrument that clearly informs Zimbabweans of the types of marriages.

Section 5 of the Act defines the marriages.

Firstly we have a civil marriage is monogamous, that is to say, it is the lawful union of two persons to the exclusion of all others and no person may contract any other marriage during the subsistence of a marriage under the general law.

Secondly we have customary law marriages may, subject to the customary law of the people concerned, be polygamous or potentially polygamous. This type of marriage allows for more than one spouse.

The Act further goes on to say that no person may be married under the general law and customary law at the same time. This is self explanatory. You can’t be in two types of unions at the same time.

The Act further goes on to explain that parties to a registered customary law marriage in which the husband has no other existing spouse in polygamy may convert their marriage to a civil marriage and the appropriate marriage officer shall, upon being satisfied that there is no impediment to the conversion, solemnise the marriage in accordance with the general law and the civil marriage shall supersede the previous customary law marriage in the marriage register.

In simple terms if you are married customarily, and the husband only has one wife, that marriage can be converted into a civil marriage ( From customary marriage to muchato) and the civil marriage will now be the official type of marriage as it were.

Lastly it states that all marriages registered in terms of this Act are equal. Please take note of the term ‘registered’.

It is important before you contract into a marriage to understand the legal requirements. You don’t want to be found wanting in terms of the laws and marry multiple people with the wrong union, for example. It attracts criminal penalties.

Always consult with a legal practitioner. This article is just some legal background for your general knowledge.

Be guided accordingly.

Article by Panashe Sagwete - Bwoni
Registered Legal Practitioner with Masawi and Partners

07/09/2026

The Ante nuptial contract is at the heart of modern marriage systems. Known also as the Pre -nup, this agreement is sui generis (unique) primarily because of the consequences it enforces and the parties to which it strictly applies to.

The two laws that govern the property consequences of parties to a marriage solemnized in terms of the laws of Zimbabwe are:

The Matrimonial Causes Act [Chapter 5:13]
Married Persons Property Act [Chapter 5:12]

In my previous article I spoke about marriages in Zimbabwe being out of community of property which means that the assets of the parties to a solemnized marriage in Zimbabwe have their estates treated individually.

An ante nuptial contract in Zimbabwe is aimed at parties to an impending marriage agreeing that they want to merge their assets acquired prior to contracting the marriage, with such a merger which applying in periods of profit/loss making and will subsist for the entire duration of the marriage.

- This agreement governs how parties will own property once they are married.

For example, the contract may prescribe that anything purchased during the subsistence of the marriage will be jointly owned by both parties.

- The contract may also determine how future earnings will be distributed between the parties, as well as the control that each party will have over the property.

- The Ante-nuptial contract may also govern how the property shall be distributed between the parties when the marriage ends through death or divorce.

- If the parties have children from previous relationships the contract may include a property distribution that involves them, or any children that the couple shall have.

Requirements for a valid Ante Nuptial contract

In terms of section 2 of the Married Persons Property Act there are certain requirements that must be met for an Ante nuptial contract to be valid in Zimbabwe. These requirements are:

1. The contract only applies to marriages after 1st January 1929.
2. The matrimonial domicile must be Zimbabwe (this means the intention of the parties to the marriage must be to consummate their marriage relationship within the borders of Zimbabwe)
3. The Contract must be in writing.
4. Both parties to the marriage must execute(sign) the instrument (document) which embodies the contract.
5. The Ante Nuptial Contract is only valid if signed before the solemnization of the relevant marriage. The contract must be executed before two persons as witnesses.
6. One of those persons must be a magistrate.
7. The document embodying the contract must follow as closely as possible the format set out in the schedule to the Married Person Property Act.
8. The document must follow closely the applicable regulations in Part I of the Deeds Registries Regulations, 1977
9. The document must be registered with the Registrar of Deeds within 28 days after its ex*****on, that is its signing. The document shall not be valid unless Registered.

The requirements are also supported by the Antenuptial Contracts Act [ Chapter 5:01]. This agreement must be a notarial contract meaning it must be executed by a Notary Public. This is very important.

I reiterate it is crucial to approach the correct proper legal channels for a consultation. Each agreement naturally will differ. It is a technical document with stringent legal requirements.

This article should not be construed as complete legal advice. It is some knowledge for you to have a basic understanding of these ‘pre-nups’.

Be guided accordingly!

By Panashe Sagwete -Bwoni
Legal Practitioner at Masawi and Partners

07/09/2026

In Zimbabwe, the system that governs property rights in marriage is known as out of community of property. This system automatically applies whenever parties contract a valid marriage that is a marriage under the Marriages Act (Chapter 5.17).

This means that when Simba and Fungai get married, unless they make a conscious effort to be governed by another system, the regime that will apply to their property is that of out of community of property. We are not an automatic 50/50 sharing of property and debts after marriage. This is common in other countries such as America and South Africa.

The conscious effort being referred to is that of signing an ante nuptial contract which shows that the parties want the system to govern their property to be in community of property. There is a process of ensuring your antenuptial agreement is valid in Zimbabwe in terms of the Antenuptial Contracts Act [Chapter 5:01].

Out of Community of Property means that there basically is no joint estate. Out Of Community Of Property also means that the spouses are not liable for the debts of the other party. If a spouse fails to pay back a loan owed to the bank, the bank can only recover its debt by attaching property that is registered in that particular spouse's name. The residential stand registered in the other spouses name cannot be attached even though they are married.

Since the property is owned separately and therefore allowing each spouse to freely dispose of his/her assets, each party can make a separate will. A spouse however cannot write a will disinheriting the surviving spouse of the matrimonial home.

In summary out of community means
- separate estates
- independent ownership
- free disposal
- no shared debt.

Most couples however generally believe that they own property jointly and in most circumstances pull their resources together as those in a marriage. It is a misconception.

This is the general rule, though. When we now look at divorce matters, it is not as easy as I have explained it. In sharing of properties our Courts look at direct contributions and indirect contributions of property acquired during the subsistence of the marriage.

Just because the the title deed is in your name for example does not mean it is automatically yours. Your spouse can lay a claim.

Once divorce proceedings began, and a spouse claims to have some ownership of the property, the legal position changes and the provisions of the Matrimonial Causes Act (Chapter 5:13) will apply. Generally in terms of this Act both his and her property will be regarded as assets of the spouses subject to distribution between both spouses. It is rather complicated.

In community of property naturally has the opposite effect legally. You share everything, property, debts. It is the 50/50 idea in its foundation. So even in divorce, everything is split down the middle.

A general rule means it is the starting point in deciding marital divorce matters how we or can become complex. Before your solemnize your marriage ensure you understand the legal consequences, by this I mean legal implications. It is in essence a contract after all.

Please consult a legal practitioner on the specifics of your case. No two cases are ever the same.

This does not constitute legal practice and should not be taken as such. It is jut some general knowledge you may need to know.

Be guided accordingly!

Article by Panashe Sagwete - Bwoni
Legal Practitioner at Masawi and Partners

07/09/2026

The Zimbabwean ‘Bar Exam’ - Conversions process 🇿🇼

You studied your Bachelor of Laws LLB degree outside Zimbabwe and you want to come back and practice law as a registered legal practitioner.

The board that handles these exams is the Council for Legal Education. This is where you make your application. Please note that it is not automatic that your application will be successful. They evaluate your foreign degree using many factors such as where you studied, the accreditation of the school, your transcript etc

Before you can apply you need to have graduated and received your degree certificate and Academic transcript.

The requirements are as follows:

a) Passport Sized Photo

b) 1 Notarised copy of Birth Certificate

c) A Notarised copy of the National ID of the applicant

d) 1 copy Curriculum Vitae

e) 1 Notarised copy of the LLB Degree certificate

f) 1 Notarised copy of the LLB Degree transcript

NB: Notarised means going to a Notary Public not a Commissioner of Oaths!

There is an application fee that you pay.

These are the general exams you have to write to be registered as a Legal Practitioner:

1. Law of Evidence
2. Criminal Procedure
3. Civil Procedure
4. Ethics
5. Statutory Interpretation
6. Accounting

If you want to be registered as a Notary Public and Conveyancer you must also write the following exams:

7. Notarial Practice
8. Conveyancing

Now, Zimbabwe’s common law system is the Roman Dutch System. If you studied in the UK or Australia for example , it is not the same common law. So you may have to write the following further exams:

9. Common Law I
10. Common Law II

If you studied in a similar common law jurisdiction as Zimbabwe, like South Africa you may be lucky and be exempted from these two exams! I studied in South Africa and I was exempted.

Basically you are looking at writing between 6-10 examinations. You can register as a Legal Practitioner and write notarial practice and conveyancing at a later stage. But if you are not exempted from the common law subjects you must write the common law examination with the first 6 exams I mentioned.

Once you pass the required exams you will receive your certificates of completion and you can proceed to the registration process (in my previous post).

Please approach the Council for Legal Education for detailed responses and information.

This is just a general summary to give you an idea of the conversion journey.

Fun Fact: I completed my LLB degree with the University of South Africa in 2017. This was my graduation in 2018*

Be guided accordingly!

By Panashe Sagwete - Bwoni
Legal Practitioner with Masawi and Partners.

07/09/2026

Process to be registered as a Legal Practitioner, Conveyancer and Notary Public in Zimbabwe 🇿🇼

For you to practice law legally and to appear in Courts, you must be registered in the register of legal practitioners.

Firstly, if you studied your degree outside Zimbabwe, you must first write what we call conversions, ‘bar exams’ as it were. When you write the requisite subjects you will receive your certificates from the Council of Legal Education.

You are registered by another registered legal practitioner. This lawyer swears under oath and supports that you are a fit and proper person through and affidavit ! You are free to approach any registered legal practitioner to register you.

An application is drafted which is first taken to the Law Society of Zimbabwe. A fee is paid and the LSZ will publish a notice that you intend to register as a lawyer. The public notice runs for 10 consecutive business days excluding weekends and holidays. During this period, anyone can oppose your application.

After the 10 days, assuming there is no opposition you will receive a letter of endorsement from the LSZ supporting your application and informing the court who is representing you. If you studied outside Zimbabwe the Council for Legal Education must also write a letter of of endorsement. Both these letters will be required in Court.

Once all formalities have been complied with, your legal practitioner will take the application to the High Court and advise you of the court date! Registrations are every Wednesday at the High Court of Zimbabwe.

Your lawyer will advise you of the documents we need usually your original ID, Birth certificate, LLB Degree, Academic Transcripts, conversion certificate and certificate of completion and your letters of endorsement

Registration is usually an event! Your family and friends are welcome to come witness it! You must attend court early for a courtesy call to meet the judge to register you.

If there are no queries, you will be registered.

On the day, white shirts, and dark/navy blue or black suits is the dress code, black shoes, your robe and jabot. Keep your look clean! It is a big deal!

This is the general process summarized. But please visit your legal practitioners in person when you want to register. If we have never met, we want to see you, so we can endorse your application and satisfy ourselves you are fit and proper!

Be guided accordingly.

By Panashe Sagwete - Bwoni
Legal Practitioner with Masawi and Partners

29/05/2025

Thursday is Motion Court day in the High Court Family Court Harare👩🏽‍💼

Today I was accompanied by our two internsRutendo Moyo who is studying her LLB in Uganda and Tanaka Chikamhi who is studying her LLB at the University of Zimbabwe⚖️

These ladies are diligent. Most of all they challenge me because to teach and mentor, I need to be on top of my game!

They have also taught me that hierarchy isn’t important if I cannot assist and uplift aspiring legal practitioners!

Here is to more ladies joining the noble profession!🥂

Panashe Sagwete-Bwoni
Legal Practitioner & Attorney in Charge (Masawi and Partners)

03/04/2024

Congratulations to my professional assistant Takunda R. Amon on your registration as a legal practitioner, conveyancer and notary public.

It was an honour to have been the one to register you.

Taku was first a student attachee at Masawi and Partners whilst she was still in school at the University of Zimbabwe.

She was then employed last year as a graduate trainee and now she is a registered legal practitioner still with us!

I love to see young ladies in the profession rise! 👩🏽‍💼

Panashe Sagwete-Bwoni and Takunda Ruvarashe Amon

Legal Practitioners with Masawi and Partners.