Change matrimonial laws, MP urges

NAMIBIA’S marriage laws need reform to prevent people from divorcing in order to change their matrimonial property regime, a Member of Parliament said yesterday.

McHenry Venaani of the DTA tabled a motion in the National Assembly requesting that a Parliamentary committee should look into the matter. In Namibia, married partners are held liable for debts run up by their spouses if they are married in community of property.”Critics of this practice note that debt collection agencies can abuse this by claiming an unreasonably wide range of debts.The cost of defence and burden of proof is then placed on the non-contracting married partner to prove that the expense is not a debt of the family,” Venaani said.”In Namibia we lack a law that governs our marriage status in this regard.Our common law puts married couples into the embarrassing situation to actually ask for a divorce to amend their property regime, for example from community of property to out of community of property,” he added.It was the duty of Parliament as the legislative arm of Government to modernise the law on marriages so that people can change their property status, he said.Such changes should however only be granted if sound reasons are given by the two married partners and “if the court is satisfied that no other person will be prejudiced by the proposed change.”Debate started immediately but not on the essence of the motion.MPs instead got sidetracked on traditional inheritance practices and widows in rural areas being chased out of the common homestead by in-laws after their husbands die.In Namibia, married partners are held liable for debts run up by their spouses if they are married in community of property.”Critics of this practice note that debt collection agencies can abuse this by claiming an unreasonably wide range of debts.The cost of defence and burden of proof is then placed on the non-contracting married partner to prove that the expense is not a debt of the family,” Venaani said.”In Namibia we lack a law that governs our marriage status in this regard.Our common law puts married couples into the embarrassing situation to actually ask for a divorce to amend their property regime, for example from community of property to out of community of property,” he added. It was the duty of Parliament as the legislative arm of Government to modernise the law on marriages so that people can change their property status, he said.Such changes should however only be granted if sound reasons are given by the two married partners and “if the court is satisfied that no other person will be prejudiced by the proposed change.”Debate started immediately but not on the essence of the motion.MPs instead got sidetracked on traditional inheritance practices and widows in rural areas being chased out of the common homestead by in-laws after their husbands die.