High Court grants woman with superior earning powe...

High Court grants woman with superior earning power lion share of matrimonial property in divorce settlement

Nyashadzashe Ndoro

ZIM NOW REPORTER

The High Court has granted a decree of divorce to Morgen Dekete and Winnie Dekete (nee Farao) and ordered an unequal division of their matrimonial property, awarding the wife a 65% share due to her significantly higher financial contributions throughout the marriage.

Justice Neville Wamambo, who presided over the case, noted the couple's 17-year marriage had irretrievably broken down and highlighted the substantial financial disparity between the spouses.

"The defendant (Winnie) has been solely responsible for the family bills and the general sustenance of the family, including buying clothes for the family members," the judgement reads.

"The plaintiff left his employment due to inflation rendering his salary insufficient to continue working. As a mother and wife she paid rentals and was, as she touted it, the person providing."

Winnie, employed by the non-governmental organisation CAMFED (Campaign for Female Education), presented evidence of her consistent income and financial contributions towards the family's assets, including the purchase of a property acquired before the marriage. Morgen, on the other hand, admitted to part-time work in South Africa and offered minimal financial support throughout the marriage.

"The plaintiff's situation is rather unfortunate," Justice Wamambo acknowledged. "He is a father who appears to dote on his children. It seems however that the economy and possibly personal ambition left the plaintiff behind. The wife with the better and consistent job earned far more than him. She effectively bore the burden of the family's financial needs virtually without plaintiff's assistance."

Despite the unequal property distribution, the judge granted Morgen access rights to see his children on their birthdays, alternate Christmas and New Year holidays, and at other mutually agreed-upon times. He was also ordered to pay US$50 per month in maintenance for each child, contribute to school uniforms and supplies, and split the cost of school fees.

The judgment further stipulated that Winnie has the option to buy out Morgen's share of the matrimonial home within six months. If she fails to do so, the property will be sold, with proceeds divided according to their respective ownership percentages.