DISTRIBUTED BY VERITAS TRUST Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592 E-mail: veritas@mango.zw Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. Judgment No. SC 41 /18 Civil Appeal No. SC 326/14 (b) the financial needs, obligations and responsibilities which each spouse and child has or is likely to have in the foreseeable future; (c) 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; (d) the age and physical and mental condition of each spouse and child; (e) 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; (f) 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; (g) 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 conduct, 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.” (emphasis added) In terms of s 7 (4) the court a quo was required to “have regard to all the circumstances of the case” including those mentioned in s 7 (4) (a) to (g). The use of the word “shall” in s 7 (4) makes it mandatory for a court to take into consideration every circumstance of the divorcing spouses. The circumstances mentioned in s 7 (4) (a) to (g) must also be taken into consideration. The fact that the court a quo found that the appellant should leave the farm means that her income earning capacity will be affected as she will not be able to continue with her farming projects on the farm. That should have been taken into consideration in distributing the value of the parties’ rights and interests in the farm. The loss of an income earning capacity has an effect on the appellant’s financial needs and standard of living. These should have been 8