New divorce law: No assets for ‘cheaters’

The newly-gazetted Divorce Act will now see abusive spouses or those involved in adultery forfeiting their portion of the marital assets, while divorce proceedings - that were previously limited to the High Court - can now also be heard in magistrate's courts.Divorce cases have been on the increase in recent years, with media reports suggesting that there has been on average over 1 000 cases filed annually. In one instance, the High Court roll had 119 divorce cases on 25 April 2022.Couples will no longer be compelled to resume conjugal rights or seek judicial separation to prove that their marriage has irretrievably broken down. Either one of the spouses may now apply for spousal maintenance and the court may approve it on an interim basis or for a definite or indefinite period in an effort to protect them from economic hardship as a result of the breakdown of the marriage.This spousal maintenance may be paid in a lump sum or a periodic payment depending on the age of spouses, their economic income, the duration of the marriage and whether the spouse is really in need of it.Using kids as pawnsThe law has also provided tight provisions for the protection of children and will therefore not grant any divorce unless appropriate arrangements have been made for a child's custody, guardianship, access or maintenance, and that these arrangements serve the child's best interests. Joint custody will also only be granted in the event the parents are fit to take care of the child, whether they desire continuous contact with the child, whether the child sees them as emotionally supportive or whether they live close enough to each other to make joint custody easy. Furthermore, divorcing parents will no longer have the ability to use their children as pawns against each other, as the court may revoke a maintenance order if access to the child is denied. “The court may vary or rescind a child maintenance order, an interim child maintenance order, an interim periodical allowance, an interim spousal maintenance order, an interim periodical allowance, a periodical allowance order, a spousal maintenance order or an order for custody, guardianship of or access to a child of the marriage.”No more divorce reportsMeanwhile, the new law now also makes it a crime for the media to publish details about divorce cases, with exceptions for legal research, law reports and where permission was granted by court.“At the initiative of the court or on application made by either party to the marriage or by both parties to the marriage jointly, or by any person who can show interest, the court may make an order directing that divorce proceedings or proceedings for annulment of a marriage or certain parts of such proceedings be held behind closed doors; and that no person other than the party or parties to the marriage and the legal practitioners acting on behalf of the party or parties to the marriage, the required court officials and persons whose presence is necessary be present at the divorce proceedings or annulment of marriage proceedings,” the Act states. Whoever contravenes this will be liable to a fine not exceeding N$100 000 or to imprisonment for a period not exceeding five years, or to both such fine and such imprisonment.jemima@nmh-hub.com.na

New divorce law: No assets for ‘cheaters’

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Namibian Sun 2025-04-29

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New divorce law: No assets for ‘cheaters’

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Namibian Sun 2025-04-29

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