Married couples seeking divorce in Namibia will no longer need to prove adultery, cruelty, or any other form of marital wrongdoing to end their marriage.
From today, the Dissolution of Marriages Act 2024 introduces a no-fault divorce system; this means courts will no longer focus on who was to blame for the breakdown of a marriage.
In the previous law, spouses had to rely on allegations such as infidelity, desertion, or abuse to convince a court to grant a divorce. That approach has now been abolished.
According to a guidance note issued by Judge President Petrus Damaseb, the new framework is designed to reduce conflict between spouses, simplify divorce proceedings, and encourage more peaceful resolutions.
The law only applies to divorce cases filed from today. Cases already in the court system before 3 June will continue under the old rules until finalised.
Under the new system, couples who agree that their marriage has ended can jointly apply for divorce through a simplified process. These cases will be handled mainly through written documents rather than full court hearings.
Where couples do not agree on issues such as property, maintenance, or children, the matter can still proceed to a full court hearing where evidence may be presented and witnesses heard.
In the event a spouse argues that reconciliation is possible, a court may delay proceedings for up to three months to allow the couple time to reconsider.
However, if one spouse still insists on ending the marriage after that period, the court must grant the divorce unless children’s issues remain unresolved.
Emil Xamro Seibeb
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