Adultery no longer grounds for divorce…as ‘no-fault’ divorce law takes effect today
Renthia Kaimbi Namibian spouses can no longer be forced to prove adultery, cruelty or desertion to end their marriage, according to a guidance note issued by Judge President Petrus Damaseb to the public on the new divorce dispensation. The guidance note, dated 2 June 2026, explains that the long-awaited Dissolution of Marriages Act, 2024 (DoMA) […]
Renthia Kaimbi Namibian spouses can no longer be forced to prove adultery, cruelty or desertion to end their marriage, according to a guidance note issued by Judge President Petrus Damaseb to the public on the new divorce dispensation. The guidance note, dated 2 June 2026, explains that the long-awaited Dissolution of Marriages Act, 2024 (DoMA) comes into effect on 3 June 2026 (today), abolishing a fault-based system that had previously governed divorce, thereby replacing it with a single ground of “irretrievable breakdown of the marriage.” According to the document, the DoMA represents one of the most significant reforms in the history of Namibia’s family law system, seeking to modernise divorce law, reduce unnecessary hostility, simplify procedures and promote amicable resolution of disputes.
It further states that the new dispensation seeks to recognise the realities of marital breakdown and ensure that divorce proceedings are conducted consistently with constitutional values and the best interests of children. The Act also empowers Magistrate Courts to grant divorces for the first time – a power previously reserved exclusively for the High Court. Justice and Labour Relations minister Fillemon Wise Immanuel had earlier given the Judiciary the month of May for “housekeeping”, warning that otherwise, the Act would commence without the necessary court procedures in place.
