No. 7/2018 INSOLVENCY Cap. 6:07 "social benefit" means the pension, allowance or benefits payable to a person in terms of the relevant legislation that applies in Zimbabwe; "special bond" means a mortgage bond hypothecating any immovable property, but excludes any other mortgage bond purporting to hypothecate movable property or any other rights in land; "spouse" means a wife or husband by virtue of a marriage according to any law or custom and a woman living with a man as his wife or a man living with a woman as her husband although not married to one another, but does not include a wife or husband of an insolvent who is living apart from the insolvent under an order of judicial separation; "standard notice" means notice by registered mail, fax, e-mail or personal delivery. 3 Debtor unable to pay debts ( 1) A debtor is deemed to be unable to pay his or her debts upon proof that the debtor is generally unable to pay debts which are due and payable, or proof that the debtor's liabilities exceed the value of the debtor's assets. (2) For the purposes of subsection ( l) a debtor is unable to pay his or her debts if(a) a creditor, by cession or otherwise, to whom the debtor is indebted in an amount prescribed from time to time so as to reflect subsequent fluctuation in the value of money, has, in the manner prescribed in subsection (3), served on the debtor a statutory demand, corresponding substantially with Form F of the First Schedule, for payment of the amount which is due and payable, or to give security to the reasonable satisfaction of the creditor for such amount, or to enter into a compromise therefor, and the debtor has for twenty one days thereafter neglected to pay the sum, or to secure or compound for it to the reasonable satisfaction of the creditor; or (b) it appears from the return of the officer charged with the execution of a judgment of a Court against the debtor that the judgment has not been satisfied after a valid execution thereof. (3) The statutory demand must be served on the debtor by the Messenger of Court or Sheriff within whose jurisdiction the debtor resides, or by the creditor's attorney or the attorney's clerk(a) in the case of a company or private business corporation debtor, by leaving the notice at its registered office or main place of business; or (b) in the case of a debtor other than a company or private business corporation debtor, by handing the notice to the debtor or leaving it at his or her main office or place of residence, or delivering it to the secretary or some director, member, manager or principal officer of such association of persons or body corporate or in such other manner as the Court may direct. (4) In determining whether a debtor is unable to pay his or her debts, the Court must also take into account the contingent and prospective liabilities of the debtor. 204