Botswana - Obtain a Divorce Decree

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Procedure

Apply In Person

1. To institute divorce proceedings,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.A petition for annulment of marriage can only be filed within 2 (two) years of marriage and it shall be filed at the Botswana High Courts. Botswana Court Contact Details
2. The Plaintiff (applicant), or the Plaintiff's attorney or agent of the applicant should file a writ of summons, in Summons-Form 2 in the first schedule with such variations as circumstances require – (High Court Rules).Forms are obtainable at the high court’s registry office or download it via the Administration of Justice website High Court Forms or directly download it using this Summons-Form Link
3. Submit four (4) copies of a summons claiming divorce and the supporting documentation as mentioned under the “Required Documents” section of this page,to the High Court Civil Registry office in Gaborone, Francistown, or Lobatse for the date stamp, signing, and filing.
4. Upon submission, the application is checked for completeness and correctness by the court civil registrar, if everything is in order, the applicant will be required to pay the required fee, a cost of BWP 120.00 applies to the stamp for all four (4) summonses and obtain a payment receipt.
5. The case will be registered and two copies will be retained by the Court and two (2) copies will be returned to the applicant, one of which is to be served upon the defendant. In line with judicial case management, as soon as a case is registered, it is allocated to the judge who will manage it until it is completed. When a decree nisi for divorce is granted you can apply for decree absolute after 6 weeks.
6. It is the responsibility of the filing party (applicant) to furnish the respondent with the writs of summoning. The writs of summons, may be made by any adult person who has no interest in the cause and can explain its nature and contents and it shall not be served on a Sunday or between 1900 hrs and 0700 hrs of any other day, and no such service shall be valid if made. Note the Deputy Sheriff's office offers such services at a fee.
7. Upon receipt of the writs of summoning the respondent will be required to prepare for the legal court proceeding and appear before the court, for an oral hearing.
8. Following due process as instructed by the judge, should the court decide to dissolve the marriage, it grants 2 decrees. The first is a decree -nisi (tentative order granting divorce) is granted.
9. Once the rule nisi is granted, the litigants have to wait for six (6) weeks before applying for the decree absolute. These six weeks is the time to raise any appeal or review.
10. The application for decree absolute can be made in the form of a letter addressed to the Registrar stating the case particulars and when the rule nisi was granted and whether six (6) weeks have passed since the order was granted.
11. If the registrar is satisfied that all the conditions as stipulated on the decree-nisi have been met, the litigant will be required to pay a fee of BWP 20.00 for the decree absolute (final divorce order).
12. The Decree absolute is a final order prepared by the court civil registry office for signing by the judge. Now the divorce is final.
13. The final step is presenting a certified copy of the absolute decree order to the marriage Registrar at the Department of Civil and National Registration office

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Required Documents

• Completed Summons-Form 2 Link
• 4 Copies of an Originating process, specifically claiming divorce and ancillaries.
• The original marriage certificate or a certified copy
• Valid identification document.
• Proof/evidence of the existence of stated grounds for divorce for instance police reports, doctor’s reports, or any other proof.
• For instance, in cases of cruelty or violence, the applicant must present evidence like a police report (if at any time partner was violent and the case was reported to police).
• Doctor’s report (in cases where the partner was violated and went for medical examination) or a witness (present at any one time when a person was violated by partner) may be brought to court to support the case.
• In cases of insanity, a doctor’s report may also be required and any other proof may be presented to support the case.
• List of Witnesses: The Petitioner must give a list of witnesses he/she intends to call at the hearing of the Petition.(If applicable)
• Witness statements: The witnesses called to testify must give their signed statements (a brief account of the facts as pleaded by the Petitioner) (if applicable).

Office Locations & Contacts

Gaborone High Court
Address: Central Business District
P O Box 00220 Gaborone
Botswana
Tel: (+267) 3718000/3956339
Fax: (+267) 3915119
Toll-Free: 0800 601 027
E-mail: [email protected]

Francistown High Court
Private Bag F13 Francistown
Botswana
Tel: +267 241 2125
Fax. (+267) 2416378
Toll-Free: 0800 600 922
E-mail: [email protected]

Lobatse High Court
Private Bag 001 Lobatse
Botswana
Tel: +267 5338000
Fax: (+267) 5332317
Toll-Free: 0800 600 947
E-mail: [email protected]
Botswana Court Contact Details
Administration of Justice Contact Details
Administration of Justice Website

Department of Civil and National Registration
Ministry of Nationality,
Immigration and Gender AffairsBlock 8,
Government Enclave, Khama CrescentPrivate Bag 00240Gaborone Botswana
Tel. (+267)3611100/361115/3611132
Fax. (+267) 3907426
Email: [email protected]
Toll-Free Number. 0800 600 777
Ministry of Nationality, Immigration and Gender Affairs Contact Details
Department of Civil and National Registration Office Contact Details
Business hours: Monday-Friday from 8:00 am-1:00 pm and 2:00 pm -5:00 pm, closed during Public Holidays & Weekends.

Eligibility

To be eligible to apply either party to a marriage should meet the following requirements;

• 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.
• Under the law, the irretrievable breakdown of marriage constitutes grounds for divorce.
• The marriage having existed for two (2) years.
• Restrictions on filing a divorce, nullity, or separation are the following:
• Per subsection two of the Matrimonial Causes Act, no action for divorce can be taken during the period of two years following the date of registration of the marriage ("the specified period").
• An application for divorce during the specified period may be considered if it is a situation of exceptional hardship suffered by the plaintiff or depravity on the part of the respondent. In determining if such an application is considered, the court will take into account the well-being of dependent children where a reasonable probability exists of a reconciliation between the spouses.
• An application for divorce after the specified period may be brought based on matters which occurred during the specified period.

Fees

• A cost of BWP 120.00 applies to the stamp for all four (4) summonses.
• P20 fee for decree absolute.
• The cost of serving the summons depends on the distance between the deputy Sheriff’s office and the location of the defendant.

Validity

• A divorce certificate is valid immediately after the divorce is granted and registered.
• The validity of the divorce decree is forever as long as both parties are alive.
• The divorce decree can lose its validity if the divorced parties decide to get married

Documents to Use

writs of Summon (Form 2)

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• The duration of the case is dependent on whether the other party is opposing the divorce; in that case, the matter will go to trial, and this will be dependent on the availability of trial dates on the judge's schedule.
• Applicants can apply for a decree absolute six (6) weeks following the granting of a rule nisi.

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Instructions

Instructions to follow during the divorce

• The first step when filing for a divorce is to ensure that your reasons coincide with those stated as grounds for divorce in the Botswana Marriage Act.
• All matrimonial proceedings must be heard at the high court.
• The Plaintiff (applicant) can present his/her self or hire a divorce lawyer/attorney at a fee, who will represent the plaintiff in court.
• A divorce can be jointly claimed and the parties can negotiate the ancillary considerations of the divorce action (i.e., custody of minor children, maintenance and division of the matrimonial estate.
• The court will hear the case irrespective of the manner in which parties contracted their marriage (i.e., customary, religious or common law marriages).
• Upon divorce, nullity, or separation the court has wide-ranging powers to, among other things, order the transfer of the matrimonial home and property from one party to the other or alter either party's rights in the separation, in particular, to provide for dependent children. In some instances, DNA test may be needed as well as title deeds to proof of ownership.
• The court is the upper guardian of the minor child. In the event of custody of the minor child; the court has to be satisfied that a party is of good repute and is a fit and proper person to be entrusted with the custody of the child and possess adequate means to maintain and educate the child.

Required Information

• Name of the applicant (Plaintiff)
• Respondent name
• nationality of both parties
• identification document number
• Contact & Address details of the (plaintiff and respondent)
• Plaintiff's attorney or agent details.
• Period of marriage
• Reason for applying for divorce
• Type of marriage to be dissolved
• Details of children if any
• Details of properties obtained during the marriage
• Declaration by both parties

Need for the Document

• Divorce is a legal ending of any legal marriage. A divorce decree is that final order given by a court to complete divorce proceedings and it is usually signed by a judge.

Information which might help

• A Decree Nisi is a court order that states that the marriage has been dissolved by the court after the said court being satisfied that the Petitioner has proved the grounds of divorce pleaded by the Petitioner and that the Petition has not been presented or prosecuted in collusion with the Respondent and a further condition that the Petitioner has not condoned the acts of cruelty, adultery, etc. as pleaded in the Petition.
• A Decree Absolute is the last document issued to finalize the Divorce. It is the final stage of the divorce proceedings and confirms the dissolution of the marriage. This is a final order prepared by the Petitioner for signing by the judge. Now the divorce is final.

Other uses of the Document/Certificate

Other uses of obtaining the divorce decree include;

• The divorce decree is needed when applying for a name change.
• The divorce decree is needed when applying for a passport, visa, or work permit.
• The divorce decree finalizes divorce proceedings.
• It saves a person from any cruel or violent treatment that has been in a marriage.
• It makes the divorce official.
• It is proof that two people are no longer married.
• A person can re-marry legally once the divorce decree is obtained.

External Links

Botswana high Court Adjudication of Matrimonial Cases
Gov.BW Adjudication of Matrimonial Cases

Others

More information which might help people.