Whether amicable or traumatic, Namibia’s divorce law is complicated and requires the assistance of legal practition- ers. unopposed divorce amounting to between N$5000 and N$10 000, while opposed cases can range between N$30 000 to as much as N$100000 and involve years of court appearances.
How does a divorce work in Namibia?
Namibia’s current divorce law is an outdated system inherited from South Africa at independence. The current law is based on fault. This means that one spouse must prove that the other spouse did something wrong – usually some form of desertion or adultery.
How can I get divorce easily?
- Step 1: Petition to file for a divorce.
- Step 2: The parties must appear before the court.
- Step 3: Record statements under oath.
- Step 4: The first motion will be passed.
- Step 5: Final hearing of the petition.
- Step 6: Verdict on the Divorce.
How much separation is required for divorce?
Section 10A of Indian Divorce Act, 1869, requires the couple to be separated for at least two years, the couple only needs to provide that they have not been living as husband and wife during this period.
On what grounds can I divorce my wife?
1) Continuous absence of seven years. 2) Non-consummation of marriage within one year. 3) Unsound mind provided the other spouse was unaware of the fact at the time of marriage and the divorce must be filed within three years of marriage.
When can I file divorce?
Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.
What are the grounds for divorce in Namibia?
 It is trite that our law, as it stands, recognizes four grounds of divorce, i.e. adultery; malicious desertion; incurable insanity, which has existed for not less than seven years, and imprisonment for five years after the defendant’s spouse has been declared a habitual criminal.
Which courts deal with divorce?
A spouse who wishes to have their marriage dissolved must approach the High Court or the Regional Court of the Magistrate Court and have a summons issued. A court has a jurisdiction to hear a divorce matter: If the parties are domiciled (live) in the area of the jurisdiction of the court as at the date of divorce.
What did Bible say about divorce?
The New American Bible translates this passage as: But I say to you, whoever divorces his wife (unless the. marriage is unlawful) causes her to commit adultery, and whoever marries a divorced woman commits adultery.
Can I divorce without going to court?
Divorce without court is exactly what it sounds like. There are ways to divorce without ever setting foot in a courtroom. Typically you’ll choose from one of three options: 1) collaborative divorce, 2) mediation, or 3) uncontested divorce.
Can we divorce without a lawyer?
Can you get a divorce without a lawyer? The short answer is yes. Many people are not aware that you can divorce without instructing lawyers or solicitors. There are pros and cons of doing this and it’s important to be aware of all the options available to you before you commit either way.
Can I get divorce without any reason?
If any of the spouse intends to dissolve their marriage, then the aggrieved can seek the relevant grounds of divorce according to their religion and personal laws. There are specific grounds on which divorce can be granted because court cannot simply grant divorce without seeking any reason.
What if husband Denies divorce?
Can my spouse refuse to divorce me ? In a nutshell, no, your spouse cannot prevent a divorce proceeding. If they refuse to cooperate, it will be necessary for you take some additional steps, such as using a court bailiff or a process server.
Is one sided divorce possible?
If the wife is not ready for mutual divorce you can go for one sided divorce on cruelity basis. It will be filed under section 13 l i(a)of HMA. Also there are various other basis in HMA that you can opt for filing of one sided divorce.
Can I get married while my divorce is in process?
It’s important that you make sure your divorce has been finalised before you marry again. It is against the law to marry someone if your previous marriage is not legally over, and so if you do remarry immediately it is possible that you could be committing a crime.
What are the five reasons for divorce?
- Unreasonable behaviour.
- Two years of separation with consent.
- Five years of separation without consent.
What is the new law on divorce?
The new laws mean that instead of having to attribute blame to one party, a couple can mutually cite the ‘irretrievable breakdown’ of their relationship as grounds for wanting to obtain a divorce. This can be done either in a joint statement, or by an individual.
How can I divorce my wife without maintenance?
A divorce petition can be filed by you on grounds of desertion but not before a period of 1 year from the date of marriage. In exceptional circumstances the court can grant divorce. If they are not ready for divorce with mutual consent then file an application under section 9 of the hindu marriage act.
How long does it take to get a divorce if both parties agree?
On average the divorce usually takes between six and nine months. It is however very common to delay applying for the Decree Absolute until the financial issues have been resolved.
What if couple is separated for 7 years?
There is nothing in law for automatic Divorce if husband and wife are not living together for 7 years. However, a petition for Divorce on the ground of not living together for 7 years will succeed and Divorce would be granted.
Can I divorce before 1 year?
As per the Hindu Marriage Act petition for divorce can be allowed only after one year, before also you can file, but it is the discretion of the Court to allow the petition or not. After allowing the petition, time will take to grant divorce 6 months min.
How do I get divorced after 3 months of marriage?
No, you can’t get divorce after 3 months of marriage. You have to wait for at least one year to file divorce case against your partner. The waiting period of one year is inevitable even if you both plan to go for mutual consent divorce.
What happens when you divorce out of community of property?
If you are married out of community of property You have two separate estates and what you bring into the marriage remains yours, as does any growth in asset value during the marriage, depending on whether the accrual system applies or not.
What is customary marriage Namibia?
The law on civil marriages is the same in every part of Namibia. Customary marriage is when a man and a woman are married according to the traditions of their community, but without a marriage officer. The law on customary marriages is different in different communities. Customary marriages are not registered.
Can you get a divorce without the other person signing the papers?
While you do not have to obtain your spouse’s consent, you are still required to notify your spouse of your intention to get divorced.