There is no denying the fact that divorce has now turned into one of the most common cases in local courts in Zambia today. The primitive discernment that a divorced man or woman is held in contempt by society is no longer distinctive in recent times.

While the whole legal process involved in a divorce can be largely wearisome and takes a while, the more perplexing part is how much one spends during the process. The truth is, the legal fees for divorce can be principally expensive. Typically, the lawyers involved work based on the budget you have set out to spend. This post takes a look at an estimated cost of divorce in Zambia.

cost of divorce in zambia



Cost of Getting a Divorce in Zambia

It is a tad difficult to estimate the exact cost of divorce in Zambia as it extensively vary from one case to the other. Generally, the overall amount spent on the divorce process depends on the circumstances surrounding the case. Nonetheless, knowing what to anticipate and how divorce processes run can help involved parties cut down on some of the expenses. It also helps you pointedly strategize where the bigger expenditures tend to rise.

As it stands, based on general reports from various legal sources across the country, the overall cost of filing divorce case ranges between KW250,000 to KW600,000 depending on the court, lawyers’ charges and occasionally, the reason for the divorce.

Although the overall divorce process takes between one to three years, it could drag on in court for many more years, and in certain cases, less. Apart from the exclusive legal costs, couples with conflicting variances are often discouraged from the court processes due to personal reasons, family influence or even joint agreement.

Generally, lawyers charge lower for divorce cases that are usually not complicated. Cases like this usually don’t drag for too long in court. Also, you wouldn’t expect to spend so much on divorce cases for customary marriages. This is because, like the first instance, there are usually no complications involved in such instances. The location the court is situated also affects how much you might spend on the case. For instance, settling divorce cases in Lusaka or Lusaka are bound to be more expensive than going through the same process in some other parts of the country.

What You Should Know About Divorce process

One of the first questions most divorcees ask is who pays the lawyers’ fees? In many cases, each parties involved pays their individual fees. In some other cases, one of the parties can demand that the partner pay some part of the fees, especially if it was the partner that initiated the divorce process in the first place. This, and issues that are more similar may be decided on in the divorce settlement, and it may also hang on the actual cause for the divorce.

As stated earlier, there are many actors that determine the total cost of divorce. One of the most important though, is the likelihood of disagreement in the proceedings. Meanwhile, a divorce supplicant where issues like custody of a child and defrayal of properties are in discussed is usually expected to consult a skilled lawyer or an established law firm due to the delicacy of the issues. With this though, you can expect to spend more here.

Generally, divorce processes are way cheaper and less demanding in cases where both parties involved decide and agree on majority of the terms in the divorce process settlement. In cases like this, involvement of lawyers are usually minimal, therefore decreasing how much to be spent on the process. If probable, pondering on the terms of the divorce could be a fair idea for both parties. If both parties are able to deliberate and agree on the core parts of the divorce process, the overall process will be less stressful and easier.

Despite the amplified rate of divorce in Zambia today, the plausibly expensive financial effect has not necessarily halted the process, with lots of partners still looking to separate by verbal agreement, which is largely cheaper and less stressful.

Grounds for Divorce

According to the constitution, there are grounds for divorce provided in the Matrimonial Causes Act. The main ground for divorce in Zambia is a situation where marriage has broken down permanently.

Here are some of the core facts about divorce according to section 15(2) of the Matrimonial Causes Act:

  • When the respondent (the party being sued) wilfully and persistently refuses to consummate the marriage.
  • When the respondent commits adultery and the petitioner (the party filing for divorce) cannot tolerate it.
  • When the respondent behaves in a way that the petitioner can no longer cohabit with the respondent.
  • In a situation where the respondent deserts the petitioner for a continuous period of at least one year preceding the presentation of the petition.
  • Where the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent does not object to a decree being granted.
  • Where the parties to the marriage have lived apart for a continuous period of at least three years immediately preceding the presentation of the parties.
  • Where the other party to the marriage has, for a period of not less than one year failed to comply with a decree or restitution of conjugal rights made under this Act.
  • Where the other party to the marriage has been absent from the petitioner for such time and in such circumstances as to provide reasonable grounds for presuming that he or she is dead.

Navigating the complex world of divorce can be overwhelming, especially when you’re dealing with the emotional turmoil that accompanies the end of a relationship. In Zambia, the legal processes surrounding divorce are intricately woven into the country’s legal fabric, and understanding them is crucial to ensuring a fair and efficient separation.

Our guide offers a comprehensive overview of the legal process, your rights, and important considerations when seeking a divorce in Zambia. Let’s dive in to explore more about the divorce process in Zambia.

Grounds for Divorce in Zambia

In Zambia, divorce is governed by the Matrimonial Causes Act. There are two types of divorce: fault and no-fault. Fault divorce is when one spouse is at fault for the dissolution of the marriage, such as through adultery, cruelty, or desertion. No-fault divorce is when the marriage has irretrievably broken down, and no blame is placed on either party.

Procedure for Filing a Divorce Petition

Filing a divorce petition involves several steps:

  1. Obtain a Petition for Divorce form from the local court.
  2. Fill out the form, providing detailed information about the marriage, grounds for divorce, and any children involved.
  3. File the petition with the court and pay the necessary fees.
  4. Serve the other spouse with a copy of the divorce papers.
  5. Attend the hearing and present your case to the judge.

The division of property in a divorce depends on various factors, including the length of the marriage, each spouse’s contribution to the marital property, and each spouse’s future needs. In Zambia, the court strives for an equitable distribution of property, meaning a fair rather than equal division.

Role of Mediation

Mediation is an effective way of resolving disputes without going to court. In Zambia, mediation can be used in divorce cases to resolve issues like property division, child custody, and spousal support. A mediator facilitates the negotiation between the spouses, helping them reach a mutually acceptable agreement.

Child Custody Determination

In Zambia, child custody is determined based on the best interest of the child. Factors considered include the child’s age, health, emotional ties with the parents, the parents’ ability to provide for the child, and the child’s wishes if they are old enough.

Cost of Divorce in Zambia

The cost of a divorce in Zambia varies depending on several factors, such as whether you hire a lawyer, the complexity of the case, and court fees. It’s advisable to consult with a lawyer to get an estimate of the potential costs.

Remarrying After Divorce

In Zambia, you are free to remarry after your divorce has been finalized. However, it’s essential to ensure all matters such as property division and child custody have been resolved before moving on to a new marriage.

Divorce is a complex process that involves legal, financial, and emotional aspects. We hope this guide has provided you with valuable insights into the divorce process in Zambia. Remember, it’s crucial to seek legal advice to navigate the process effectively. For more information related to prices and costs in Zambia, visit our main site and explore different topics.

 

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