Namibia’s divorce law changed fundamentally on 3 June 2026 when the Dissolution of Marriages Act 10 of 2024 came into operation. The new Act replaces the previous fault-based system with a modern no-fault divorce regime, making the irretrievable breakdown of the marriage the only ground for divorce. It also gives the High Court (which is currently still the only court that may grant divorces) broader powers to make fair orders regarding the division of assets after divorce, occupation of the matrimonial home and maintenance.
Ground for Divorce
Namibia now follows a no-fault system which focuses on whether a marriage has broken down beyond repair rather than blaming one partner. For an irretrievable breakdown, a judge must be satisfied that there is no reasonable prospect of restoring the marital relationship. Evidence may include long-term separation, repeated reconciliation failures, substance abuse, domestic violence, or an affair that destroyed mutual trust.
Matrimonial Property Regimes and Why They Matter
The way assets are shared after divorce depends on the property system chosen at the time of the marriage. The court however now has a wide discretion to order redistribution that recognises both financial and domestic contributions — for example, a spouse who spent decades raising children or supporting a partner’s career.
A: In Community of Property
If a couple did not sign an antenuptial contract, they are automatically married in community of property which means that all assets and debts are jointly owned. When the marriage ends, the joint estate is divided equally unless the court decides otherwise. Equality is built in, but so is the shared liability for debts.
B: Out of Community of Property With Accrual
The accrual system applies only when couples sign a specific antenuptial contract before marriage. In this type of marriage regime, the spouses keep their separate estates but shares in each other’s growth when the marriage ends. The spouse whose estate grew less may claim part of the difference. It rewards both financial and domestic contributions.
C: Out of Community of Property Without Accrual
When married out of community of property without accrual, each spouse keeps full control of his/her personal assets and income. For decades this system left many caregivers without any claim to property and assets they helped build.
In terms of the Dissolution of Marriages Act, courts may now grant a division of assets even when accrual was excluded. Judges can now weigh the length of the marriage, domestic contributions, and earning potential before granting the division of assets.
Divorce Procedure and the Role of Divorce Attorneys
Divorce proceedings can now be instituted by way of an application or by issuing a summons in the High Court. If both parties agree on all issues, they can jointly apply for a divorce; if not, it becomes contested and the court hears evidence before making a final order.
Mediation is strongly encouraged, reflecting the law’s preference for resolution over confrontation.
An experienced divorce attorney can assist with preparing the required documents, negotiating settlements, representing parties during mediation and conducting litigation where necessary.
Spousal maintenance
Either of the parties may apply for spousal maintenance which may be granted for a definite or indefinite period. When making an award the court will take into consideration any division of assets after the divorce and may award a party the right to continue to occupy the matrimonial home in certain circumstances.
Children
Where minor children are involved, the court’s primary concern will always be the best interest of the child. When determining guardianship, custody and access the court will take into consideration the factors set out in the Child Care and Protection Act.
The parties shall automatically retain equal powers of guardianship in respect of their children unless a court has ordered otherwise. Joint custody will not be awarded if the parties are unable to communicate and cooperate with each other.
Child maintenance shall be determined by the Maintenance Act taking into consideration the economic means of both parents. This means that the parents are liable for their child’s maintenance pro rate their income and assets.
Finalising the Divorce
Once the court confirms that the marriage has irretrievably broken down, it issues a divorce. The court cannot grant a divorce unless the court is satisfied that arrangements have been made for the maintenance, custody, access and guardianship of a child.
Where one party disputes the irretrievable breakdown of the marriage the court must postpone the matter for 3 months before finally determining whether there is a reasonable prospect of restoring the marriage.
Depending on the court roll and the circumstances of the case, uncontested divorces may often be finalised within a few weeks, whereas contested matters can take several months or longer.
Conclusion
The Dissolution of Marriages Act marks the most significant reform of Namibian divorce law in decades. By introducing a no-fault divorce system and giving courts greater flexibility to achieve fair outcomes, the legislation seeks to reduce unnecessary conflict while protecting the interests of spouses and children. Anyone considering divorce should obtain legal advice from a divorce lawyer in Namibia at an early stage to understand their rights and obligations under the new Act.
Author: Hannalie Duvenhage, Partner
Disclaimer of liability
Please note that the above information is not intended as legal advice. This article is for information purposes only and neither Etzold-Duvenhage nor its employees shall be liable for any direct or indirect loss arising from reliance on the contents of this article. This article is limited to matters of current Namibian law. In the event that the contents of this document are relevant to a reader, we advise the reader to contact their lawyer for legal advice.