Dausab wants ‘humiliation’ scrapped from divorces

Justice minister Yvonne Dausab has proposed a sweeping set of reforms to the divorce law, which will - among other things - protect the privacy of certain legal proceedings and restrict public access to embarrassing content contained in court documents. Dausab explained that the current divorce process often forces spouses to defame each other to secure a divorce. "Making allegations about a spouse’s conduct within matrimonial proceedings to legally dissolve a marriage has been shown to create or exacerbate conflict during already difficult circumstances. It has also often been used to embarrass and humiliate spouses who would otherwise still want to remain in the marriage," she said. The reforms also include the elimination of the legal concept of "restitution of conjugal rights", which forces spouses to live together, and "judicial separation", which allows for a legal separation without divorce. She further plans to change the High Court Act and the Magistrates’ Courts Act to grant certain courts the jurisdiction to handle divorce cases. Significant changesIn her call for leave to introduce a new Divorce Bill last week, Dausab sought to consolidate and reform the law on divorces with significant changes to the grounds of divorce, custody arrangements, spousal maintenance and related matters. "That leave be given to introduce a Bill to consolidate and reform the law [to] amend the High Court Act so as to make certain consequential amendments; amend the Magistrates’ Courts Act so as to confer jurisdiction on a court established in terms of that Act to deal with divorces proceedings; and to provide for incidental matters."Among the key provisions outlined in the Bill are the abolition of common law grounds for divorce, as well as grounds for divorce specified in legislation predating the Act. Dausab also proposed that the new Divorce Bill should establish clear guidelines for custody, guardianship and access to children of the marriage. Furthermore, the proposed legislation addresses financial aspects of divorce, including spousal and child maintenance, as well as the forfeiture of patrimonial benefits. “A Bill to provide for custody, guardianship of and access to children of the marriage, provide for spousal maintenance, child maintenance, financial and other consequences of divorce, provide for periodical allowance, financial and other consequences of annulment of marriage and provide for forfeiture of patrimonial benefits,” the notice read.Spirited debateThe proposed Divorce Bill yesterday stirred up confusion and debate among members of parliament. Lawmakers grappled with the Bill&#039;s provisions, particularly concerning spousal maintenance and the definition of ‘spouse’.The Divorce Bill stipulates that, in divorce proceedings, either party may apply to the court for spousal or interim spousal maintenance orders, requiring one party to pay periodic sums to the other as deemed appropriate by the court. The court may also substitute periodic payments for a lump sum and impose conditions to recognise economic impacts and alleviate hardships resulting from the breakdown of the marriage.Popular Democratic Movement (PDM) parliamentarian Charmaine Tjirare sought clarity on how spousal maintenance would be managed and awarded during a divorce, and the factors to be considered. "If he was a multimillionaire and I am just an ordinary person, should he now make sure I still have the Kleine Kuppe house? Or is that an agreement between the parties? I mean, for the last few years I lived in a Kleine Kuppe house, how do I go to Katutura like that?" she wanted to know. Swapo member of parliament Veikko Nekundi, himself a divorcee, vehemently dismissed the provision for spousal maintenance, arguing that it is prone to abuse by courts and judges. "Now, when divorce [is granted], there is no more spouse, there is only an ex. You cannot be my spouse after we have divorced and I cannot maintain my ex,” the works deputy minister, who got divorced in 2016, said.Utaara Mootu of the Landless People’s Movement (LPM) countered Nekundi&#039;s argument, noting that in some cultures and families, people do still take care of their ex-wives after a divorce. "Based on the African practices that you have cited, these are some of the things that are adhered to," she responded. jemima@namibiansun.com

Dausab wants ‘humiliation’ scrapped from divorces

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Namibian Sun 2024-11-27

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Dausab wants ‘humiliation’ scrapped from divorces

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Namibian Sun 2024-11-27

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