The Like Many Other Formaer British Colonys Has Adopted Laws That Were Being Used to Govern the County Before Independence. Supporting This Fact Can Be Seen by the Many Sattutes and Ccase Law Which Are Refered to When

INTRODUCTION

In many parts of the world, divorce remains problematic for many who were once party to it and to the courts that are called upon to settle the matters arising as an effect of the termination of a marriage. The extent to which a woman’s role in society is determined by her role within the family is the major factor in determining the extent to which divorce will be viewed as a problem in that society. This essay will endeavor to cite and explain the Zambian marriage law under which Mary Bwalya (a woman) would apply for maintenance order pending the divorce proceedings. In the second part of this discussion, it will be stated under which law Mary can apply for an order for the transfer of Chadwick’s smaller Mercedes Benz car to her own name. Thirdly, it shall be discussed as to whether Mary has any right to continue living in the matrimonial home which was bought by her husband alone without her help during the divorce proceedings and whether she can claim the right to continue living in the matrimonial home if a divorce decree absolute is granted to her. After exhaustively discussing the three distinct but related matters with reference to the Zambian law and cases, a conclusion shall be reached.

PART A: THE LAW UNDER WHICH MARY WOULD APPLY FOR MAINTENANCE PENDING SUIT (CITED AND EXPLAINED)

Marriage law in Zambia is governed by the Matrimonial Causes Act. According to its preamble, the Act was made to make provision for divorce and other matrimonial causes which include inter alia; to provide for maintenance of the party to the marriage and for the children of the family. Therefore, since Chadwick Zulu and Mary Bwalya contracted a civil marriage in 2010 and both parties are Zambia and are domiciled in Zambia, Mary Bwalya is entitled to rely on the provisions of this Act relating to the application of maintenance order pending the divorce proceedings. According to section 52(1) of the Matrimonial Causes Act, where one petitions for divorce, nullity...