Dissolution of Marriages on Presumption of Death Act, 1993

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Dissolution of Marriages on Presumption of Death Act, 1993

Act 31 of 1993

  • Published in Government Gazette no. 768 on 20 December 1993

  • Assented to on 6 December 1993
  • Commences on 20 December 1993 unless otherwise noted

ACTTo provide for the dissolution of marriages of persons presumed to be dead.BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:-

1. Declaration of dissolution of marriages by High Court on presumption of death

Whenever an order presuming the death of a married person is made by the High Court of Namibia, that court may, when making such order or at any time thereafter, on the application of that person’s spouse, make an order that the marriage in question shall be deemed to have been dissolved by death on a date determined by that court, and thereupon that marriage shall for all purposes be deemed to have been dissolved by death on the date so determined.

2. Effect of certain findings made at an inquest

Where at an inquest held under the Inquests Act, 1993 (Act 6 of 1993) in respect of the death of a married person, any finding in respect of that death has, by virtue of the provisions of subsection (2) or (3) of section 21 of that Act, the effect of an order of the High Court of Namibia presuming the death of the person concerned, the marriage in question shall for all purposes be deemed to have been dissolved by death on the date of death of the said person as recorded in terms of section 18(2)(c) of that Act.

3. Repeal of Act 23 of 1979

The Dissolution of Marriages on Presumption of Death Act, 1979 (Act 23 of 1979) is repealed.

4. Short title

This Act shall be called the Dissolution of Marriages on Presumption of Death Act, 1993.

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