Family law is not limited to marriage and divorces, as one tends to think. In fact, family law shares an interest in certain social issues with other areas of law, including criminal law. For example, domestic violence within the family, may take the form of physical violence by one adult member on another or by an adult on a child or some other violent or abusive conduct within a family circle. In serious cases the only real solution may be to approach the Court for a Protection Order against the abusive spouse or in the event of child abuse, to remove the child to a place of safety.
We can assist and advise on a range of legal options relating to family and domestic related matters, for example:
• Divorce
• Custody and visitation disputes
• Maintenance and domestic violence disputes
• Guardianship applications
• Protection orders
• Maintenance orders
• Parenting plans
• Any marital related matters
Planning on tying the knot? We can advise you on the different marital regimes recognized in Namibia and prepare your antenuptial contract for you. Although an antenuptial contract is often regarded as “just a piece of paper”, that piece of paper can make an enormous difference. An antenuptial contract is an absolute necessity. If a couple marries without an antenuptial contract, they will automatically be married in community of property. When a marriage is in community of property, all assets become part of a joint estate from the date of the marriage. Both parties have equal claim to the estate, however, so does the parties’ creditors. By marrying out of community of property, couples ensure that one spouse’s assets cannot be attached or claimed by the other spouse’s creditors.
We highly recommend that couples enter into an antenuptial agreement. We can assist with the drafting and registration thereof at the Deeds Office.
More and more couples are also choosing to rather live together than to get married. Namibian law attaches no legal consequences at all to your relationship if you are living together, no matter for how long. It is a myth that after you have lived together for 3 years, you acquire “common law” status and certain rights. The law does not recognize cohabitation as a legal relationship. What this means is that even if you do share your financial life, have children, buy and run a house together, you have no protection or support from the law if something goes wrong.
We can assist with the drafting of a cohabitation agreement. It is similar to an antenuptial contract and can provide for proprietary aspects, maintenance obligations, parental rights to children born from the relationship, etcetera.