No fault needed to divorce your spouse

Couples who wish to divorce may in future only have to cite an irretrievable breakdown of the marriage as the reason, without having to go to the effort to prove that either one of the parties is at fault.

Irretrievable breakdown refers to a situation where divorce is not based on a fault – such as cheating – by either spouse. Namibia currently uses a fault-based divorce system, which means a spouse may only file for divorce based on misconduct by the other spouse.

The initiator of divorce must have evidence of a specific legal basis or ‘grounds’ to file for divorce.

However, new proposed amendments to Namibia’s Divorce Act would eliminate the need for couples to prove mitigating circumstances as the reason to file for divorce, using a single instrument to justify the split.

“Our proposal is to simplify the process by introducing one ground of divorce, which is the irretrievable breakdown of the marriage,” justice minister Yvonne Dausab said during a Cabinet briefing yesterday.

Easier and cheaper

The intended changes will make the process of divorce easier and more affordable on the part of couples wanting to exit from their marital commitments, she explained.

“The current law states that divorce is based on fault, meaning that either party - whether it is the husband or the wife - they have to prove that one of the spouses has committed a matrimonial offence. If they do not prove these factors, it becomes difficult.”

The intention is to make it easier and cheaper for parties to get a divorce, the minister added.

The ministry took into consideration the view of divorcing members of the public, who lamented that the process is costly and time-consuming.

“There has been an outcry that divorce is an expensive process. It is quite difficult for people to go through the process and fees are astronomical,” Dausab said.

Work to improve Namibia’s divorce law began almost 20 years ago in 2004.