The ongoing divorce proceedings between former Zimbabwean President Robert Mugabe’s daughter, Bona Mugabe, and her husband, Simba Chikore, is one such example. The couple has three children and a vast array of assets that they accumulated during their marriage.

By Lucky Ndlovu

Ms. Mugabe seeks full custody of the children aged 7, 5 and 2 and maintenance of USD $2700 per child. On the other hand, Mr. Chikore wants all properties acquired during their marriage and those that were donated by the late former president Robert Gabriel Mugabe, who is his father-in-law, to be shared equally.

It is crucial to understand that Zimbabwean law follows the principle of equitable distribution, which means that property acquired during the marriage should be divided fairly, but not necessarily equally. Hence, it is likely that the court will consider various factors such as the duration of the marriage, each party’s contribution to the acquisition of the assets, and the current economic situation of the parties when dividing the assets.

In my opinion, Mr. Chikore may get to keep the properties that were donated or inherited from the late President Mugabe, provided he can prove that they were given to him personally and not to the couple jointly. However, the farms, properties, and cars acquired during the marriage will likely be subject to equitable distribution. Depending on the value of the assets, it is possible that Ms. Mugabe may receive a significant share of these properties.

If the properties were given to the couple jointly, it would be challenging for Mr. Chikore to claim that they are his alone. Under Zimbabwean law, assets acquired during the marriage are generally considered to be marital property, regardless of which spouse’s name is on the title or ownership documents.

In such a case, the court would likely divide the properties equitably between the parties, taking into account each party’s contribution to the acquisition and maintenance of the assets, their financial situation, and any other relevant factors.

What Bona Mugabe and Simba Chikore May Gain or Lose - The Complexities of Divorce Among Zimbabwe’s Elite!

However, if Mr. Chikore can demonstrate that the properties were gifted to him individually, he may have a better chance of retaining sole ownership. This could be accomplished through evidence such as gift deeds, wills, or other documents that clearly show that the properties were intended for his exclusive use.

Even in this scenario, however, the court may still consider factors such as the couple’s lifestyle during the marriage and the extent to which the properties were used for family purposes. If it is determined that the properties were used primarily for family purposes, then the court may decide to award Ms. Mugabe a portion of the assets, even if they were initially gifted to Mr. Chikore.

Regarding custody, the court will consider the children’s best interests when deciding. It is not uncommon for the court to award joint custody, and both parties may be required to contribute towards the children’s maintenance and welfare.

Overall, the equitable distribution of assets in a divorce can be complex, and the outcome will depend on a variety of factors. High-net-worth divorces can be complicated and often contentious. However, it is crucial to remember that the court’s ultimate goal is to ensure fairness and equity in the distribution of assets and in determining child custody arrangements. As such, both parties may have to give up some assets and make compromises to reach a satisfactory settlement - Iharare.com