Family Law in Botswana
Family law in Botswana encompasses a blend of statutory provisions and customary practices, addressing aspects such as marriage, divorce, child custody, and inheritance.
Marriage
In Botswana, marriages can be solemnized under civil law or customary law. The Marriage Act of 2000 sets the minimum legal age for marriage at 18 years. It also prohibits marriages between close relatives and mandates consent from both parties. Polygamy is permitted under customary law, provided the husband has the financial means to support multiple wives.
Divorce
Divorce proceedings fall under the jurisdiction of the High Court. Grounds for divorce include the irretrievable breakdown of the marriage. Notably, couples must have been married for at least two years before initiating divorce proceedings.
Marital Power
Historically, the doctrine of "marital power" granted husbands legal authority over their wives' person and property. This was abolished in 2004 by the Abolition of Marital Power Act, promoting gender equality within marriage.
Inheritance
Customary inheritance laws traditionally favored male descendants. However, the landmark 2012 case of Mmusi and Others v Ramantele and Another challenged this norm. The High Court ruled that such discriminatory practices were unconstitutional, affirming women's rights to inherit property.
Child Custody
In custody matters, the paramount consideration is the best interests of the child. Both parents are expected to contribute to the child's welfare, and custody arrangements aim to reflect this principle.
Given the interplay between statutory and customary laws, individuals are encouraged to seek legal counsel when navigating family law matters in Botswana.
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