High Court now charges N$15 000 for uncontested divorce cases
For many couples in Namibia, walking away from a marriage now comes with a N$15 000 price tag — even when both parties agree.
That is the cost of an undefended divorce issued under the High Court Act by Judge-President Petrus Damaseb, came into effect on 1 May 2026 and provide the most detailed breakdown yet of how legal costs accumulate across different stages of litigation.
On paper, access to the courts still appears affordable, with instituting an action or application costing N$500, while a power of attorney for appeals costs just N$5.
Filing a notice of appeal or taxing a bill of costs costs N$2 500 — figures that suggest the legal system remains within reach for most Namibians.
But those entry-level fees tell only a small part of the story.
Once a matter moves beyond filing and into legal representation, costs escalate rapidly under the new tariff structure.
The revised rules introduce an all-inclusive system of professional fees for standard and unopposed matters, covering consultations, drafting, court appearances, and administrative work — but excluding court fees and service costs.
An uncontested divorce, often assumed to be straightforward, now carries a fixed professional fee of N$15 000.
Other routine legal processes also come at a cost of N$5 000 for an unopposed Rule 55 application, N$8 000 for a default judgment without damages, and N$10 000 for a default judgment with damages.
Applications for summary judgment are set at N$15 000, while seeking permission to sue through substituted service costs N$8 000.
Postponements, adjournments or removing a matter from the court roll cost N$2 000, while applications to rescind a judgment are priced at N$8 000.
At the higher end, unopposed sequestration, liquidation, rehabilitation and curatorship matters are set at N$20 000.
Costs rise even further when cases become contested. Legal practitioner fees in complex High Court matters can reach up to N$60 000 per day, depending on counsel's seniority and the nature of the dispute.
Most expensive element
The most significant financial pressure, however, emerges at the enforcement stage.
When property is attached and sold to settle a debt, deputy sheriffs charge a 5% fee on the sale proceeds. This fee is capped at N$150 000 for residential property and N$300 000 for non-residential property, making it the single most expensive element in the tariff structure.
Additional costs — including valuation, advertising, preparation of distribution accounts and notices to creditors — further increase the financial burden.
Time-based charges of N$137.50 per half hour apply to various enforcement actions, while storage of attached property can cost up to N$480 per day.
In some cases, these expenses are incurred even when a sale does not proceed, such as when an attachment is withdrawn or a process is halted.
The revised tariffs also reflect a shift towards digital processes, with electronic copies of court records costing N$500 and audio or video recordings priced at N$500 per session.
Value-added tax applies across the board, pushing actual costs even higher.
