How to Get a Divorce in Botswana

How to Get a Divorce in Botswana

What is a Divorce?

Divorce is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. 

How to Get a Divorce in Botswana

  1. Either party to a marriage may bring an action before the High Court for divorce, judicial separation, or a request for a marriage to be declared null and void.
  2. Under the law, the irretrievable breakdown of a marriage constitutes grounds for divorce.
  3. The marriage having existed for two (2) years.

Frequently Asked Questions

What are valid reasons for divorce in Botswana?

The person claiming that the marriage has broken down must prove one of the following factors laid down by the law: That the other spouse has committed adultery (or had sexual relations with someone else) and that as a result, the spouse seeking divorce finds it intolerable to continue living with him or her.

Whats the fastest divorce process?

The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce. This relatively fast divorce happens because all of the major issues have been agreed upon by you and your spouse.

Can I divorce my husband without his permission?

Applying for a divorce can be a difficult decision to make, especially if you’re not sure your partner will sign your petition. Crucially though, you don’t need your partner’s consent to get a divorce. Although it may be a long process if your partner doesn’t comply, they won’t be able to stop you indefinitely.

What documents do you need to start a divorce?

  • D8 Divorce Petition. In the divorce petition you have to state your full name and address and your spouse’s full name and address.
  • Original marriage certificate.
  • Court fee or fee exemption form.
  • Help from Lawpack. 
  • Other information.

Can a wife file divorce for no reason?

Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally.

What are the 3 grounds for divorce?

1. When can spouses get a divorce?

  • the spouses not living together for a continuous period of one year;
  • abusive behaviour by one spouse towards the other spouse or the children;
  • adultery (for example, when one of the spouses has a sexual relationship with someone else);
  • habitual criminality;

Can you get a divorce without going to court?

You can get a divorce in the UK without the necessity of going to court. This can apply equally to the divorce petition on an undefended basis where it is simply a paper exercise by the court.

Can I get divorced for free?

With your court fees covered, DIY is the only method of obtaining a free divorce, but it’s only viable if you and your spouse agree to the divorce and why you’re getting one.

Can divorce be granted immediately?

Both spouses must agree to the divorce and must have lived apart for at least six months. There are also some restrictions on what can be done after the divorce is finalized, such as no contact between the spouses and no shared property.

Who pays for a divorce?

The Petitioner is responsible for covering the cost of the preparation and submission of the divorce paperwork, together with obtaining legal advice and paying the Court fees. The Respondent will only be responsible for covering their own legal fees.