The couple, Kurauwone Chihota and Marilyn Chihota, nee
Mosha, had signed an antenuptial contract before they married formally in South
Africa on November 21, 2017.
The contract stated that neither of the two would be
answerable for the debts of the other before or after the marriage.
The two met during a business convention in Botswana.
They were working as real estate agents.
Kurauwone and Marilyn moved to Zimbabwe in 2018 after
acquiring a property in Glen Lorne.
In her application for divorce, Marilyn said their marriage had irretrievably broken down and was without prospects of them getting back together. No child was born out of their four-year union.
During the subsistence of their marriage, the couple bought
vehicles and a property in Glen Lorne which was in dispute.
Kurauwone claimed he acquired the property through a loan
facility advanced to him from his employer while Marilyn claimed a 50 percent
share for effecting renovations.
Immediately after their separation, Kurauwone allegedly
moved the property into a family Trust with the hope that it doesn’t get shared
as matrimonial property.
High Court Judge Justice Amy Tsanga said Marilyn was not
entitled to a 50 percent share of the property.
“Taking into account that Marilyn also has no desire to
share in Kurauwone’s debts accumulated during the marriage and that she has
already received virtually all the movables including the motor vehicle, and,
further taking into account that her direct contributions in the acquisition of
the property in question were minimal, what would be fair and just under the
circumstances as her entitlement is 20 percent.
“A decree of divorce be and is hereby granted. Marilyn is
awarded 20 percent of the value of the property after deducting US$80 000 for
debts owed by Kurauwone.” H Metro
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