Women and law in Zimbabwe : access to justice on divorce

Thesis

This thesis of approximately 98000 words is an empirically based study of the divorce process and women's experiences of the law. It begins by looking at the historical background of marriage and divorce through the different periods starting with colonization. It then looks at modern marriage and divorce. This is a sociological study of the types of relationships which people have and goes beyond the three state recognised marriages to look at other more informal unions and at the modes of dissolution thereof. It then discusses the research design and relates the study population to the general population before moving on to consider the reasons for the women's dissatisfaction in their relationships and the process of justifying or legitimating their discontent.

The helpseeking careers of the women are examined paying particular attention to the agents consulted and the advice that they received from the various agencies. A theory of disputing which sees the litigation process as being less orderly and more dynamic than that advanced in traditional literature on dispute processing is advanced. The thesis then moves on to look at the women's use of the formal legal system examining barriers to access, the use of lawyers as the agents of transformation of disputes from the informal into the formal sphere and also at the provision of legal aid. The various actions instituted are considered in greater detail as are the difficulties encountered in trying to enforce the judgements obtained in court. The final data based chapter is an examination of the women's post-divorce lives from an economic and social perspective.

Ultimately, it would seem that the problem may not be one of obtaining access to law, but rather of trying to obtain substantive satisfaction of the claim. Methods of enforcement and at state provision of assistance to lone parent families is considered in the light of constraints facing a developing country with limited resources.

Authors: Banda, F

• DOI: 10.5287/ora-rj6bmqvz7
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford