Namibia abolishes adultery as independent grounds for divorce under new law
via The Namibian3 min read
Namibia's new Dissolution of Marriages Act of 2024, effective today, abolishes the country's fault-based divorce system, replacing it with a no-fault framework based on the "irretrievable breakdown of marriage." Judge president Petrus Damaseb stated this reform is significant for Namibia's family law, shifting focus from moral blameworthiness to whether a marriage has disintegrated beyond restoration. Previously, spouses had to prove matrimonial offenses like adultery or cruelty. While misconduct such as adultery can still demonstrate irretrievable breakdown, it is no longer an independent legal ground for divorce. The new law introduces procedural changes, including joint divorces via applications and a strong emphasis on mediation, especially in cases involving children, maintenance, and asset division. Courts must ensure children's best interests are protected and can make "just and equitable redistribution orders" for assets, regardless of the marital property regime. However, a coalition of churches and civil society organizations is petitioning parliament to amend the act, expressing concerns that the no-fault system could increase divorce rates and weaken family structures by lowering the threshold for divorce and potentially normalizing it, arguing it may undermine the institution of marriage and deprive innocent spouses of recognition.
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This summary was AI-generated from a story originally published by The Namibian.
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