Auleria Wakudumo
The newly-gazetted Divorce Act restricts media coverage of divorce proceedings.
The new law states that media houses could face criminal charges for publishing details, unless they are intended for legal research, are part of law reports, or if permission is granted by the court.
“A person may not publish information for the public, which reveals or may reveal the name or identity of a child who is, was a party, or a witness in the (divorce) proceedings. The court may issue an order for divorce proceedings of parties who have requested it to be conducted privately, and no person other than the parties to the marriage, the requested court officials, and persons whose presence is necessary may attend the proceedings,” reads part of the Act.
The law further states that a person who contravenes or fails to comply with the new law commits an offence, and will be liable on conviction to a fine not exceeding N$100 000, or to imprisonment for a period not exceeding five years, or both such fine and imprisonment.
Cheaper
Divorce has been associated with high legal fees, often leaving individuals in an unstable financial position. However, the new law has made it less costly to part ways, as divorce proceedings which were only decided in the High Court can now also be heard in magistrates’ courts.
Lawyer Kadhila Amoomo said the fees for divorce proceedings will now be cheaper due to lower tariffs charged at the magistrates’ courts.
“Legal representation will still be an option, but members of the public will also be able to represent themselves as the process has now been made less cumbersome,” he added.
Furthermore, the common law grounds which were previously required to prove that one of the parties was at fault either because of adultery, imprisonment or oppression, have been abolished.
“Not anymore. You can simply be divorced because the marriage has irretrievably broken down. This makes it easy to divorce. Despite that, the amendment has nothing to do with the long-standing issue of ‘redline marriage’. Unfortunately, the adverse impact of that persists. However, the traditional authorities still retain their roles when it comes to traditional marriages and trade mediation,” Amoomo elucidated.
Maintenance
What is more interesting is that either party may now apply to the court for a spousal maintenance order, or an interim spousal maintenance order, and the court may grant it.
This would require either party to secure or pay such periodic sums as the court may consider appropriate as interim spousal maintenance, pending the determination of the divorce proceedings.
“A spousal maintenance order or an interim spousal maintenance order may be for a definite or indefinite period, or until the happening of an event. This spousal maintenance may be paid in a periodic payment, depending on the age of spouses, their income, the duration of the marriage, or taking care of children,” reads the Act.
Furthermore, joint custody is granted when both parents are deemed fit to care for the child. This includes considering the emotional support they provide and their proximity to one another, which can facilitate shared custody arrangements.
Divorcing parents are restricted from using their children as leverage against each other, as the court may revoke a maintenance order if a parent denies visitation.