Divorcing your spouse to become easier
Reforms far from becoming reality
Divorcing your partner will become easier if proposed amendments to a new law go through.
A bill aimed at reforming divorce law in Namibia will be shared with the public today for input.
Work to improve Namibia’s divorce law began almost 20 years ago in 2004.
“There are various factors which play a role and affect the pace at which laws are passed and subsequently put into force. The divorce bill is no exception,” justice ministry spokesperson Simon Idipo explained.
He added that the administrative issues and law-making process that must be followed are among the factors that led to protracted processes.
“If all goes according to plan, the intention is to table the divorce bill in the second or third session of National Assembly this year,” he said.
Nevertheless, the wait will not be over for some time.
Numerous changes
Once the bill becomes law, it will not come into operation immediately due to the far-reaching impact the law reform will have, which will require numerous changes to institutional arrangements to comply with the requirements of the new law. Among these, the Office of the Judiciary will be required to amend the Rules of Court to align with the new law, and magistrates will have to be trained to handle divorce matters, which are currently only dealt with by High Court judges.
Once the changes are finalised, the bill will be gazette, Idipo noted.
“Bills which usually require regulations and institutional adjustments are delayed to ensure functionaries make the necessary preparations for the laws to come into force.”
Improved
If given the green light, the new divorce law will significantly ease divorce proceedings by moving away from the current fault-based system and reducing the pricey costs of divorces. Instead of specifying a particular reason for divorce, couples can instead only list that their marriage will end in divorce because of an irretrievable breakdown.
Currently, divorces cost tens of thousands of Namibian dollars, and it is hoped that enabling couples with various alternative routes to finalise their marriages, costs will become significantly less.
Moreover, the bill seeks to address issues around spousal maintenance to make it fairer and more realistic.
In divorces where no children or disputes are involved, a paper application can be lodged jointly by spouses at a regional court, and eliminates the need for more costly and drawn-out actions.
Contributing to GBV
The Legal Assistance Centre (LAC), which has advocated for divorce law reform for more than two decades, explained that the current difficulties underpinning divorce proceedings in Namibia often contribute to domestic violence, by “trapping people in unhappy or violent relationships”.
Moreover, while many couples separate without a formal divorce, this leaves their property rights unresolved.
By easing access to divorce applications, conflict between couples will be lessened, and this can “only benefit the children of the marriage”.
The revised bill is now ready for targeted consultations with key stakeholders and the public at large, with submissions on the proposed law beginning today and closing on 4 April.
Work to improve Namibia’s divorce law began almost 20 years ago in 2004.
“There are various factors which play a role and affect the pace at which laws are passed and subsequently put into force. The divorce bill is no exception,” justice ministry spokesperson Simon Idipo explained.
He added that the administrative issues and law-making process that must be followed are among the factors that led to protracted processes.
“If all goes according to plan, the intention is to table the divorce bill in the second or third session of National Assembly this year,” he said.
Nevertheless, the wait will not be over for some time.
Numerous changes
Once the bill becomes law, it will not come into operation immediately due to the far-reaching impact the law reform will have, which will require numerous changes to institutional arrangements to comply with the requirements of the new law. Among these, the Office of the Judiciary will be required to amend the Rules of Court to align with the new law, and magistrates will have to be trained to handle divorce matters, which are currently only dealt with by High Court judges.
Once the changes are finalised, the bill will be gazette, Idipo noted.
“Bills which usually require regulations and institutional adjustments are delayed to ensure functionaries make the necessary preparations for the laws to come into force.”
Improved
If given the green light, the new divorce law will significantly ease divorce proceedings by moving away from the current fault-based system and reducing the pricey costs of divorces. Instead of specifying a particular reason for divorce, couples can instead only list that their marriage will end in divorce because of an irretrievable breakdown.
Currently, divorces cost tens of thousands of Namibian dollars, and it is hoped that enabling couples with various alternative routes to finalise their marriages, costs will become significantly less.
Moreover, the bill seeks to address issues around spousal maintenance to make it fairer and more realistic.
In divorces where no children or disputes are involved, a paper application can be lodged jointly by spouses at a regional court, and eliminates the need for more costly and drawn-out actions.
Contributing to GBV
The Legal Assistance Centre (LAC), which has advocated for divorce law reform for more than two decades, explained that the current difficulties underpinning divorce proceedings in Namibia often contribute to domestic violence, by “trapping people in unhappy or violent relationships”.
Moreover, while many couples separate without a formal divorce, this leaves their property rights unresolved.
By easing access to divorce applications, conflict between couples will be lessened, and this can “only benefit the children of the marriage”.
The revised bill is now ready for targeted consultations with key stakeholders and the public at large, with submissions on the proposed law beginning today and closing on 4 April.
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