Erasmus Shalihaxwe
Namibia’s newly introduced Dissolution of Marriages Act, 2024 (Act No. 10 of 2024) now makes it a crime to publish details of divorce cases, with only a few exceptions.
Gazetted on 24 October, the Act allows publication only for legal research, law reports, or when the court specifically grants permission.
It is unclear whether the media is also restricted from reporting on these cases.
The law is aimed at reducing the trauma associated with divorce, particularly for the individuals involved and their children.
It encourages a “do-it-yourself” method for divorce proceedings, promoting privacy and easing the emotional burden on families.
Under this system, courts can restrict public access to proceedings, ensuring that privacy is a primary concern.
“Protection of Children’s Interests, courts will have the authority to review and enforce child custody and access arrangements to ensure they are fair and in the child’s best interest.
“Access to divorce in regional magistrate’s courts; this change is intended to make the process more affordable and accessible, particularly for those who cannot afford high court proceedings,’’ reads the law.
The new law also reintroduces the fault-based concept of forfeiture of patrimonial benefits.
This means that a spouse who is deemed to have engaged in misconduct like adultery or domestic violence could forfeit their share of the marital assets.
Even though the aspect has drawn criticism for potentially disadvantageous women and reintroducing fault into the divorce process.
‘’Irretrievable breakdown is the sole ground for divorce. This means that if one or both spouses claim that the marriage cannot be saved, the court will grant the divorce, possibly after a short waiting period to allow for reconciliation attempts. Joint Applications for Divorce: Spouses can now make a joint application for divorce if they both agree that the marriage has failed. This aims to reduce conflict and streamline the divorce process,’’ the bill states.
