Post-Separation Asset Division – Coghlan and Welsh

CourtHigh Court of Zimbabwe

JudgeChitakunye J

PartiesTimothy Temba Simba (Plaintiff) vs Fungai Cathrine Simba (Defendant)

TypeDivorce Action

Core IssueDistribution of matrimonial property, particularly the matrimonial home

OutcomeCourt awarded the matrimonial home entirely to the defendant, including plaintiff's 50% share

Marriage solemnized on October 1, 1983, under Marriage Act [Chapter 5:11]
Marriage duration: 37 years (17 years cohabiting, 20 years separated)
Two children born of the marriage (one deceased)
Both parties were employed throughout marriage (plaintiff as executive, defendant as secretary)
Key Properties:
- Matrimonial home: Stand 271 Mandara Township (jointly owned)
- Second property: Stand 854 Mandara (sold by plaintiff after separation)
Plaintiff left matrimonial home in 1999/2000
Previous divorce proceedings initiated in 2001 and 2013 but not concluded

The court based its decision on Section 7 of the Matrimonial Causes Act [Chapter 5:13], considering:

Key Legal Authorities:

Defendant’s continued maintenance of the property and mortgage payments after separation
Plaintiff’s lack of full disclosure regarding assets acquired after separation
Defendant’s imminent retirement and health issues
Plaintiff’s superior financial position and earning capacity
Defendant’s 20-year sole responsibility for the property and children
Plaintiff’s unilateral sale of Stand 854 Mandara without consulting defendant
The need to ensure the defendant maintains a reasonable standard of living post-divorce

The court ordered:

Decree of divorce granted
Matrimonial home (58 Shaneragh Road, Mandara) awarded to defendant as sole and exclusive property
Plaintiff to sign transfer documents within 30 days
Sheriff authorized to sign if plaintiff fails to comply
Defendant to bear transfer costs
Each party to keep movable property in their possession
Each party to bear own legal costs

Implementation Requirements: