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WINDHOEK – The new law on marriage will give married couples outside the police zone (north of the red line) the opportunity to change the status of their marriage, whether they are married or in a community of property.
Currently, marriages outside the police zone are automatically excluded from the community of property, unlike the default system that applies to other marriages.
Tousy Namiseb, Deputy Permanent Secretary of the Judiciary, made the statement declaring that the courts were ready to receive the laws that were to be promulgated soon and about the so-called "redline marriages".
New Era erroneously reported on Monday that northern couples had to divorce and remarry in order to benefit from the new law.
Namiseb explained that in the new law on marriage, married couples outside the police zone will address a specific named magistrate if they want to correct their scheme.
Affected couples will have limited time to do so.
"Some parties are married but do not realize that they are married out of a community of property and when they come to divorce or to the death of one of the spouses, the estate processing becomes a problem, "he said last week.
Namiseb said that in the new marriage law to be promulgated soon, all marriages will be treated the same way – there will be only one scheme called default scheme (married in community of property) ) unless one of the parties comes with a contract stipulating otherwise.
"In the future, it will be the default (in community of property) for the rest of the Namibians – a regime, the choices are present if you want to get out of the community of goods (and this requires a contract)," he said. he explained.
Namiseb told New Era last week that there were people (married north of the red line) who might want to change martial regimes and that according to the current law, they had to first get the divorce and remarry, but the law that will be promulgated will reflect that. problem because the parties will be given a specific period to change that.
Namiseb also indicated that if the parties (north of the red line) wished to marry in community of property, they were required to report to a marriage agent that they wished to marry in community property, but most people are not aware of this law and when they get married, they get married without making the necessary declaration.
Asked if this could not be changed, Namiseb said: In the current state of the law, once you have married and have chosen a specific diet, it can only be changed with a divorce . In some cases, the parties marry north of the red line and the marriage certificate indicates that it is a community of property, but that is wrong. The law says it's a community of property. The legislation that will be passed will change the scheme so that all marriages, whether north or south of the red line, are treated in the same way – in community of property, unless the parties Decide otherwise. Namiseb said the law was yet to be filed by the Minister of the Interior and Immigration, Frans Kapofi.
Selma Ikela
2018-11-28 09:33:08 9 hours ago
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