Pros, Cons, and the Reality of Namibia’s New Divorce Regime
IN 2024, THE National Assembly passed a bill called the dissolution of marriage into the Dissolution of Marriage Act 10 of 2024. The act, therefore, repealed the following legislations in Namibia: Divorce Laws Amendment Ordinance, 1935, Matrimonial Affairs Ordinance, 1955, Matrimonial Affairs Amendment Ordinance, 1967, Matrimonial Causes Jurisdiction Act, 1939, Matrimonial Causes Jurisdiction, 1943, Matrimonial […] The post Pros, Cons, and the Reality of Namibia’s New Divorce Regime appeared fir
IN 2024, THE National Assembly passed a bill called the dissolution of marriage into the Dissolution of Marriage Act 10 of 2024.
The act, therefore, repealed the following legislations in Namibia: Divorce Laws Amendment Ordinance, 1935, Matrimonial Affairs Ordinance, 1955, Matrimonial Affairs Amendment Ordinance, 1967, Matrimonial Causes Jurisdiction Act, 1939, Matrimonial Causes Jurisdiction, 1943, Matrimonial Causes Jurisdiction, 1945, Matrimonial Affairs Act, 1953 and the General Law Amendment Act, 1968.
The old divorce regime informs civil divorce frameworks across the country, which were designed to dissolve the marriage between couples through fault-based divorce systems.
Such divorce regime required that, for a marriage that was contracted in terms of the Marriage Act 25 of 1961 to be dissolved, spouses should plead grounds that give rise to the institution of divorce proceedings in the High Court of Namibia by pointing out faults or accusing the other partner of wrongdoing.
Some of the grounds recognised under the old divorce regime were inter alia; adultery, violence, mental disorder, cruelty, desertion or habitual criminality etc.
