(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.
7 Division of assets and maintenance orders
(1) Subject to this section, in granting a decree of divorce, judicial separation or nullity of
marriage, or at any time thereafter, an appropriate court may make an order with 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.
(2) An order made in terms of subsection (1) may contain such consequential and supplementary
provisions as the appropriate court thinks necessary or expedient for the purpose of giving effect to the
order or for the purpose of securing that the order operates fairly as between the spouses and may in
particular, but without prejudice to the generality of this subsection—
(a) order any person who holds any property which forms part of the property of one or other
of the spouses to make such payment or transfer of such property as may be specified in the
order;
(b) confer on any trustees of any property which is the subject of the order such powers as
appear to the appropriate court to be necessary or expedient.
(3) The power of an appropriate court to make an order in terms of paragraph (a) of subsection (1)
shall not ex- tend to any assets which are proved, to the satisfaction of the court, to have been
acquired by a spouse, whether before or during the marriage—
(a) by way of an inheritance; or
(b) in terms of any custom and which, in accordance with such custom, are intended to be
held by the spouse personally; or
(c) in any manner and which have particular sentimental value to the spouse concerned.
(4) In making an order in terms of subsection (1) an appropriate court shall have regard to all the
circumstances of the case, including the following—
(a) the income-earning capacity, assets and other financial resources which each spouse
and child has or is likely to have in the foreseeable future;
(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;
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