119 divorces on court roll on one day

THE Windhoek High Court recorded 119 divorce cases on its court roll on Monday.

Judiciary spokesperson Selma Mwaetako said this does not mean these cases have been finalised.

“Some cases can be registered but not yet finalised. I can confirm that 119 cases were on the court roll on Monday,” she said, adding that a high number of cases on a particular day is not uncommon.

Relationship consultant Ngamane Karuaihe-Upi agrees that a high number of divorce cases is not something new in Namibia.

“The reasons are still the same, the way people approach marriage plays a major role in why people are divorcing at a high rate.

“Many people want gratification, status, and to invest in themselves, but do not know how to create and manage a partnership called marriage.”

Karuaihe-Upi added that most people do not know what marriage is, nor have they studied their partners before getting married.

“People don ‘t talk about the sharing of power or domestic roles and what to expect. Some men want to marry a modern woman and expect them to be a traditional woman at the same time, which can also lead to divorce.”

Karuaihe-Upi said differences in culture and gender roles also play a major role in marriages and can lead to divorce.

“If you want to get married, do your homework, study each other and when you get married you won ‘t say, ‘oh I didn ‘t know you like going to the gym or I didn ‘t know you don ‘t like this ‘.”

Karuaihe-Upi said culture and the education system should play a role in preparing people for marriage.

“Pride and ego are destroying many relationships these days. People will rather change partners instead of apologising and changing their behaviour.”

He added that before one gets married, they should discuss bills, parenting styles, financial expectations, sexual expectations and whatever else comes to mind.

The Namibian previously reported that courts are finding it increasingly difficult to cope with the escalating number of divorce cases.

In 2018 alone, the Windhoek and northern division courts handled 1 442 divorce cases. While 1 297 were finalised that year, 45 were withdrawn. The following year, another 1 422 cases were filed, but only 862 were finalised.

A Cabinet directive of 6 September 2019, seen by The Namibian, endorses the recommendations of a study regarding Namibia’s current fault-based grounds for divorce.

These recommendations seek to replace the fault-based grounds for divorce with the easier claim of an irretrievable breakdown of the marriage.

The changes recognise that requiring one person to prove the other spouse’s guilt may lead to collusion, the giving of false testimony, or increased anger.

Lawyer Norman Tjombe said the most common reason for divorce is the general breakdown of the marital relationship due to misunderstandings, adultery, financial problems, and when the parties simply do not have romantic feelings for each other anymore.

“Unfortunately, a large number of divorces are because of violence being perpetrated by husbands against their wives. Most parents positively cooperate when children are involved in divorce proceedings,” Tjombe said, adding that the biggest stumbling block is always the monetary maintenance of children, when the non-custodial parent refuses to make payments or when they want to make small maintenance payments.

“If the current divorce bill is passed into law, it will certainly increase the divorce rate. This must be seen by the public in a positive manner. The current law is rigid and outdated, which makes divorce cases expensive,” he said.

Tjombe said many couples rather remain in unhappy and sometimes dangerous marital relationships because they cannot afford to get divorced and because it’s so complicated.

“With the new proposed divorce bill, it will make it easier and less expensive to get a divorce, and thus bring to an end unhappy relationships in a more speedy manner.”

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