On divorce in Zambia, the court divides matrimonial property between spouses according to the Matrimonial Causes Act. The court has power to order that property be settled for the benefit of the other spouse and children of the family [APP No. 73 of 2019, S.55]. Property division on divorce focuses only on "matrimonial property" - property acquired during the marriage with the intention that it would provide continuing support for both parties and their children. Non-matrimonial property (property owned before marriage, or acquired solely by one spouse without such joint intention) is not available for division.
To determine what qualifies as matrimonial property, the court examines the evidence and circumstances of each case. While property purchased by one spouse with their own money presumptively belongs to that purchaser, this presumption can be rebutted by evidence showing the parties intended the property to be a family asset. The court is guided by the need to do justice based on the particular facts of the case.
It is important to note that property adjustment on divorce is separate from maintenance orders. The court handles these through different legal processes and considers different factors for each.