DIVORCE cases in Zambia have skyrocketed, a trend some marriage experts say is alarming.
And the experts have cited unfaithfulness, drunkenness, lack of communication, violence, finances, parental interference and early marriages as prime contributing factors to divorce.
FORMER National Legal Aid Clinic for Women director, Maureen Samulela said divorce cases were on the increase because of varying factors.
Ms Samulela said early marriages were a pressing factor because couples were not able to make decisions on their own in an event of a misunderstanding. Instead, they opted to seek advice from friends.
“Most of the victims are young and do not exercise the ability to make decisions on their own but are advised by influential friends and relatives, which is wrong,” she said.
She said the time she was director at the women’s clinic, couples facing problems would first receive advice from trained counsellors and only when they failed to reconcile would they proceed with legal proceedings.
Ms Samulela said under the Matrimonial Causes Act of 2007, the reasons for divorce were clearly stipulated and divorce could only be granted if these aspects were present.
[pullquote]“Most husbands do not disclose their income and are in the habit of hiding of their payslips, a trend that causes friction in most homes,” she said.[/pullquote]
“Adultery, unreasonable behaviour and absence of at least five years immediately preceding the petition would be the only grounds for divorce,” she said.
Ms Samulela said Church marriages did not meet the requirements of the Matrimonial Causes Act of 2007 and that most couples that underwent this kind of marriage were disadvantaged because they could not be represented or acknowledged.
She said the procedure for divorcing Christian marriages should be included in the Matrimonial Causes Act because victims were not given what was rightfully theirs.
[pullquote] Magistrate Mwewa said she handled approximately 11 divorce cases in her courtroom every week, which was not the case in the past.[/pullquote]
“Since Church marriages are not recognised in the Matrimonial Causes Act, most people lose out on property settlement because their marriage certificates are not valid in the courts of law,” she said.
She said couples should not resort to divorce but dedicate themselves to marriage to preserve their families.
And Lusaka senior presiding magistrate Elipher Mwewa said divorces among couples in Lusaka had increased to alarming levels in the past decade.
Magistrate Mwewa said she handled approximately 11 divorce cases in her courtroom every week, which was not the case in the past.
“Most husbands do not disclose their income and are in the habit of hiding of their payslips, a trend that causes friction in most homes,” she said.
On drunken behaviour, magistrate Mwewa observed that this led to divorce because spouses could not adjust to the other’s behaviour.
Magistrate Mwewa said mobile phones had also contributed to the increase in divorce cases because it promoted infidelity in households.
She said women were also culprits because most of them had adopted a culture of competing with their husbands.
Magistrate Mwewa said this was unheard of in the past because women were supposed to be submissive to their husbands regardless of financial status and occupation.
“Due to empowerment, most women have adopted extravagant lifestyles and fail to stick to their budgets,” she said.
Magistrate Mwewa said women nowadays did not wash and cook for their husbands but employed maids to perform house chores.
She said parental interference was another aspect that had contributed to the high divorce rate in the country.
Magistrate Mwewa said because of parental interventions, most couples failed to withstand pressure from the parents from both parties.
“Parents involving themselves in their children’s affairs escalate the situation and in most cases the couple fails to resolve the problem and resorts to divorce,” magistrate Mwewa said.
Magistrate Mwewa said most people had a wrong perception about marriage and failed to comprehend when problems arose in the house.
“Most people are not psychologically prepared for marriage and only expect the good side of it, while overlooking the harsh reality that comes with the life-time commitment,” she said.
She said in her 18-year career as a magistrate, she had noticed that most couples failed to accept their spouse’s weaknesses and strengths, thus ending up separating or divorcing, which was not acceptable in African society.
And magistrate Hilda Choonya concurred, saying there was a rise in divorce cases in Zambia.
[pullquote]“Most people are not psychologically prepared for marriage and only expect the good side of it, while overlooking the harsh reality that comes with the life-time commitment,” she said.[/pullquote]
Magistrate Choonya said divorce cases in early marriages were rife because the couples involved were young and inexperienced.
She said statistics of divorce involving early marriage couples were high and alarming.
Magistrate Choonya said parents were to blame for the increase in divorce cases because they did not ensure their children were prepared psychologically.
“Parents have contributed to the increase in divorce cases because they do not prepare their children psychologically for the ups and downs of a marriage,” she said.
[pullquote]She said most couples aged between 23 and 45 divorced because of infidelity, drunkenness and sexual related issues. She said couples above the age of 50 usually divorced because spouses suspected their partners of practising witchcraft and other things.[/pullquote]
She said the trend by most parents to force their daughters to get married after being pregnant was another setback because in such cases, they ended up being divorced.
“Most of these youngsters are usually not ready for a life-time commitment but only concentrate on having fun, therefore, parents should not force them to marry after being impregnated,” she said.
She said most couples aged between 23 and 45 divorced because of infidelity, drunkenness and sexual related issues. She said couples above the age of 50 usually divorced because spouses suspected their partners of practising witchcraft and other things.
She said couples should be educated on the right procedures when getting married so that they could adapt and commit themselves to the marriage regardless of obstacles.
[Times of Zambia]
