Erasmus Shalihaxwe
Paulus Mbangu, a member of the National Council, warns that once the proposed Divorce Bill becomes law, the divorce rate will skyrocket, making it cheap to divorce.
This, he said, is despite the fact that divorce is currently expensive.
Mbangu made this statement on Wednesday while participating in the National Council’s debate on the Divorce Amendment Bill.
“My concern is if the divorce rate skyrocketed when marriage dissolution was expensive and difficult, what will happen when dissolution of marriage is made easy and less expensive?” he said.
According to Mbangu, in 2018, it was reported that nearly 1 297 divorces were finalised in Windhoek, while about 1 422 cases were filed the following year, of which approximately 862 were finalised.
‘’The High Court roll on 25 April 2022 recorded 119 divorce cases. The leading cause of divorce in Namibia is abusive and cheating husbands and a lack of affection between couples. Some divorce can also be attributed to selfish individual interests among couples who enter these unions to get something out of it,” he said.
He added that the bill doesn’t say anything about the marriage period restrictions in the context of spousal maintenance, as it is essential to consider the broader implications and ensure that any rules established promote fairness and equity to both parties.
According to him, a shorter marriage should not qualify for spousal maintenance because the need for support is less compelling in shorter marriages, and longer marriages may result in higher expectations than shorter ones.
‘’While spousal maintenance is meant to provide support, it can be subjected to potential abuse. A spouse may choose not to seek employment or work part-time, claiming that it is impossible to support themselves. This can be a strategic choice to rely on spousal maintenance rather than contributing to their own financial independence,’’ said Mbangu.
He further explained that one spouse might inflate their financial needs or present unrealistic pictures of their expenses to secure a higher amount of maintenance than is fair or necessary.
“If the woman has sacrificed her career to be a wife, spousal maintenance makes sense. Paying spousal maintenance to a spouse who betrays you knowing that there is another person in her life could potentially complicate it, our courts need to be vigilant. Courts should periodically review spousal maintenance arrangements, allowing either party to request a reassessment if they believe there is an issue of misuse and abuse,’’ proposed Mbangu.
