Alastair Walter Pollock Smith v Abigail Rosalyn Smith

[2020] ZWSC 50

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Case Details

Court

Supreme Court

Date

16 March 2020

Citation

[2020] ZWSC 50

Judgment No.

SC 50/20

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MAKONI JA

Full Bench

GARWE JABHUNU JAMAKONI JA

Areas of Law

Family LawDivorce Law

Keywords

post-divorce maintenancespousal supportquantumdurationmedical conditionadulterylump sum payment

Key Issues

{"issue_text":"Whether the quantum of US$3,000 monthly maintenance was reasonable","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant's income, respondent's needs, standard of living"}
{"issue_text":"Whether maintenance should be permanent until death/remarriage/cohabitation","issue_type":"law","dispositive":"yes","related_facts":"Respondent's medical condition, age, ability to work"}
{"issue_text":"Whether adultery should affect maintenance entitlement","issue_type":"law","dispositive":"no","related_facts":"Respondent's alleged adultery, Maintenance Act s10"}
{"issue_text":"Whether lump sum payment from property sale should affect maintenance","issue_type":"law","dispositive":"no","related_facts":"US$200,000 received by respondent, parties' agreement"}

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background

Facts of the Case

Background

The appellant sought divorce and the respondent claimed post-divorce maintenance. The High Court awarded US$3,000 monthly maintenance until respondent dies, remarries or cohabits. The appellant appealed against the quantum and duration of this maintenance award.

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