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Blantyre Superior Court Judge Sylvester Kalembera on August 31, 2020 ruled that transcripts obtained during the marriage belong to both husband and wife.
Judge Kalembera made the decision in a divorce case for Chimwemwe Tewesa and his ex-wife Ellen.
The two married in 1995 and divorced in 2012. Tewesa was the breadwinner and he was first an elementary school teacher, then a high school teacher, and later a teacher at Domasi College.
The woman contributed with the household and business tasks. After completing tertiary education, Tewesa divorced his wife.
The woman demanded that the Superior Court rule that there is ownership in the man’s educational qualifications and that the grades are family property.
Kalembera pointed out that the cases of a person who divorces their partner after obtaining a degree are common, although such behavior is unfortunate and ungrateful.
He said in his ruling that the gains derived from the acquisition of qualifications or licenses are marital property.
According to Tewesa, a spouse who loses the benefits of such qualifications through divorce must be “compensated for the loss of distribution of marital property and other monetary orders issued by the court, also taking into account the income of the other spouse.”
Since then, Judge Kalembera ordered the husband to compensate the divorced wife for the loss of the contributions she made while the husband was pursuing his studies, the amount will be evaluated by the clerk of the Superior Court.
