Family
Civil marriage under the Marriage Act alongside recognised customary unions
Marriage may be civil, under the Marriage Act, or customary. The Abolition of Marital Power Act 2004 removed the husband's marital power over the person and property of the wife in civil marriages, a significant Roman-Dutch reform. Customary marriages are valid without registration, which continues to create proof difficulties on death or dissolution.
Key rules
- Jurisdiction — The High Court hears civil divorce; customary courts hear customary dissolution; the Children's Court handles care and protection.
Governing law
- Marriage ActCap 29:01
- Abolition of Marital Power Act 2004
- Children's Act 2009
In practice
Family law is the clearest example of Botswana's dual system operating on the same population: the same couple may have a customary marriage recognised by their community and no civil record of it, and the consequences on intestacy differ sharply depending on which system governs.