How to Divorce in Namibia

What is a Divorce?

Divorce is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state.

Where and how to Divorce in Namibia

The quick way to divorce in Namibia is to write a petition to the court after that the court will inspect what you have written and decree for a recording of statements on oath and pass between the first and the second motion of a period of six months elapses. they will read the second motion and the final petition to the court and then they decree your divorce.

Frequently Asked Questions

How does divorce work in Namibia?

Namibia’s current divorce law, based primarily on common law rules inherited from South Africa at independence, provides for divorce only on the basis of fault. This means that one spouse must prove that the other spouse did something wrong.

How much does divorce cost in Namibia?

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

What’s the easiest way to get divorced in Namibia?

The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce. This relatively fast divorce happens because all of the major issues have been agreed upon by you and your spouse.

Can one partner refuses to divorce in Namibia?

State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment. It may also be allowed when a spouse can’t be located for service. The court will set a hearing date and ask that you appear.

What is the first thing to do when getting a divorce in Namibia?

  • Never Threaten to Divorce Until You Are Ready To File.
  • Organize Your Documents.
  • Focus on Your Children.
  • Make Sure You Have Three Months of Financial Resources.
  • Obtain the Best Legal Advice You Can Get.
  • Make Sure You Have Available Credit.

How do I get a divorce if I have no money in Namibia?

If you are wondering how to file for divorce with no money, you will be relieved to know your state has an indigent divorce or fee waiver procedure that will allow you to file for divorce and ask the court to waive all of the court fees associated with the process.

Can you divorce quickly in Namibia?

You can only get a divorce if you’ve been married for at least one year. If you or your partner won’t agree to getting a divorce it’ll take more time and cost more money than if you both agree. If you agree on your divorce and the reasons why, getting a divorce legally finalised will usually take 4 to 6 months.

Can I get divorce without any reason in Namibia?

In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason.

What is the purpose of divorce in Namibia?

A divorce is a legal decree that ends a marriage before the death of either spouse. During a divorce proceeding, a court may resolve issues of child custody, division of assets, and spousal support or alimony.

Can my wife take everything in a divorce in Namibia?

She can’t take everything from you, but only her share of community property that is acquired during marriage. Your separate property won’t go to her unless in some specific cases like family businesses.

What happens when you get divorced in Namibia?

The judgment of divorce (or “order of dissolution”) ends the marriage and spells out the specifics about how the couple will allocate custodial responsibility and parenting time, child and spousal support, and how the couple will divide assets and debts.

Are second marriages happier in Namibia?

While many couples see a second marriage as a fresh start and a new chance at happiness, the statistics tell a different story with the divorce rate being 60-67% compared to close to 45% for first marriages.

Are couples happier after divorce in Namibia?

One of the best long-term studies of divorce found that divorce, in and of itself, generally does not lead to a better life. Some people are happier as a result of divorce. One study found that when individuals in a low-conflict marriage divorced, they experienced a decrease in happiness, on average.

Is divorce better than an unhappy marriage in Namibia?

Divorce is better than a toxic marriage because it will help you bring the focus on yourself. To sum it all up, life is short, and one should do what makes them happy; by staying in a bad marriage, you are just wasting your and the other person’s time, making better choices, and staying happier.

How bad is a divorce in Namibia?

Divorce remains one of the most stressful life events there are, and it does negatively affect the well-being of adults and children, financially, academically, professionally, and emotionally. They usually have custody of the children and about half of custodial mothers get no child support.