CARMEL RICKARD: When the divorce law is an ass

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Namibia’s divorce law is well past due for an update. A case featuring an abusive husband makes clear the need to jettison a stipulation about attempting reconciliation, writes CarmelRickard.

Namibia’s justice minister Yvonne Dausab has announced that a no-fault divorce law should be in place by the end of the current financial year. It’s long past time.

The country’s current divorce law is based on the principle that one party should prove that the other is to blame for the breakup. Most common are claims of adultery and of one partner leaving the home. Where such an allegation is made, the courts usually order that the spouse who has left should return and restore conjugal rights to the injured partner; only if that fails will a divorce order be granted. ..

 

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