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Couples must get state permission before marriage – Bill

Publish date: 15 July 2024
Issue Number: 1085
Diary: IBA Legalbrief Africa
Category: Namibia

Namibians intending to marry in future will have to approach the Home Affairs Ministry three months before tying the knot to confirm that neither party is in a civil marriage. This is contained in the widely-supported marriage Bill currently being debated in Parliament which aims to prevent bigamy, The Namibian reports. Lawyer Dianne Hubbard said the notice of the intended marriage will be made public to allow anyone with knowledge of a legal impediment to lodge an objection, coupled with a criminal offence aimed at anyone who provides false information in an attempt to stop the marriage. ‘The couple will also choose their matrimonial property regime at this stage – giving them time to make sure they understand the financial consequences of the marriage. This gives officials time to confirm that neither party is currently in a civil marriage, thus preventing bigamy,’ Hubbard said. She noted that the Bill would also allow officials time to confirm that the parties are old enough to give independent consent to marry and that they have obtained the necessary parental consent. Lawmaker Maximalliant Katjimune said: ‘We believe that the provision will also aid officials in establishing whether an intended marriage to a foreigner with a Namibian is actually genuine or is for other ulterior purposes, such as obtaining domicile and permanent residency.' He pointed out that Namibian women are exploited on a daily basis through this practice.

Full report in The Namibian

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