How To Get Married In Court In Namibia
What is the Meaning of Court Marriage?
Court marriages generally take place in the presence of a marriage officer. In court marriage, any two persons who are eligible can marry each other in the presence of three witnesses. There is no need for any rituals to solemnize the marriage. Presence of a marriage officer and three witnesses is enough.
How To Get Married In Court In Namibia
There are no fees involved when getting married in court. They do require that an appointment be made at least a month before you wish to get married. Court weddings only take place on Fridays, and while making the appointment you need to fill in a form. On the form you should indicate if you’ve been married before. If you were married before you need to bring your divorce documents or death certificate along.
If you are under 21 and wish to get married, your parents or legal guardian need to give consent and sign relevant forms.
Court Marriage for Foreigners in Namibia
If a Namibian wishes to marry a foreigner, a certificate of fitness is required from the foreigner’s country of birth. This basically states that he or she is fit to marry, and isn’t currently married.
There are two types of marriages: In community of property and out of community of property.
In community of property basically entails that all assets and liabilities of the couple, even those acquired before marriage are merged into a joint estate, where each spouse has an undivided half-share.
Out of community of property is where the couple signs an ante nuptial agreement. This contract sets out the rules and conditions in respect of the division of assets, and which will apply during the marriage.
- Legal age for marriage without parental consent is 21 years for both men and women.
- Bride and Groom may not be related by blood, marriage or adoption.
- Two witnesses are required.
- There are no residency requirements to get married in Namibia.
- Couple must get a marriage license.
Frequently Asked Questions (FAQs)
Namibia Marriage Rite
Kidnapping of the bride is a common Namibia wedding tradition. Just before the ceremony, the bride is kidnapped and dressed in a leather marriage headdress. The bride and groom’s family exchange gifts of freshly slaughtered meat during the evening parties. This practice ensures that the meat consumed is always fresh.
Can you marry your cousin in Namibia?
Namibia: Forced marriages, including whether families choose, for a spouse, someone who is a cousin, or uncle; whether polygamy is practiced; state protection available for those who defy traditional customs. Young women are given away to uncles and cousins, usually men who are much older [than] themselves.
What is the difference between customary marriage and civil marriage?
What is a Customary Marriage? There exist certain requirements that must be complied with in order to conclude a valid customary marriage; while a civil marriage is seen as a marriage concluded between 2 parties, and must be monogamous in order to be valid, customary marriages differ as polygamy is permissible.
Are Customary Marriages Recognised in Namibia?
Marriages in Namibia take place under either the civil or customary system (LAC 2009, 3; Ruppel and Ambunda 26 May 2011, 77). The Act does not abolish marital power in customary marriages and does not regulate the sharing or division of property (Namibia 1996, Art. 16).
What is civil marriage in Namibia?
In Namibia there are two types of marriage: civil marriage and customary marriage. Most of the rules In the MPEA only apply to civil marriages. A civil marriage is when the wedding occurs before a registered marriage officer–such as a pastor or priest, or a magistrate at the Magistrate’s Court.
How do you get married from community of property in Namibia?
A marriage out of community of property is achieved by drawing up an antenuptial contract (ANC). The ANC will be the most important contract that a married couple will sign in their lifetime.
What happens if you are married in community of property in Namibia?
Married in community of property: What happens when your spouse dies? If you and your spouse are married in community of property, this means that you share a joint, undivided estate that is made up of your respective assets and liabilities, including those that accrued prior to the date of your marriage.
How does the divorce process work in Namibia?
Namibia’s current divorce law, based primarily on common law rules inherited from South Africa at independence, provides for divorce only on the basis of fault. This means that one spouse must prove that the other spouse did something wrong
How much does it cost to get divorced in Namibia?
Whether amicable or traumatic, Namibia’s divorce law is complicated and requires the assistance of legal practition- ers. unopposed divorce amounting to between N$5000 and N$10 000, while opposed cases can range between N$30 000 to as much as N$100000 and involve years of court appearances.
How long does a divorce take in Namibia?
Divorces can take 6 months or 3 years depending on the co-operation of both parties, merits, complexity availability of Judges etc. Most divorces do end in settlement however some divorces settle almost immediately while other settle the day before court after 3 years of disputes.
Can I kick my wife out if I own the house in Namibia?
Can they do that? No! Legally, it’s her home, too—even if it’s only his name on the mortgage, deed, or lease. It doesn’t matter whether you rent or own, your spouse can’t just kick you out of the marital residence
Does wife automatically get half in Namibia?
When a married couple gets divorced, their community property and debts will be divided equitably. This means they will be divided fairly and equally.
Can my wife take everything in a divorce in Namibia?
She can’t take everything from you, but only her share of community property that is acquired during marriage. Your separate property won’t go to her unless in some specific cases like family businesses
Can a husband take everything in a divorce in Namibia?
The unfortunate reality is that he/she may certainly try to take everything, or at least an unfair share. The rule is that the community property must be divided 50/50, according to “no fault” principles. Each spouse has a fiduciary duty to disclose all assets (and income, expenses and debts).