Family Law

HOW DO I GET DIVORCED?

HOW DO I GET DIVORCED? A divorce can be a difficult process to endure. The emotional and financial strains are usually exacerbated with the various legal processes one must go through before a divorce action will be finalised by a court. However, educating oneself and...

REASONS FOR DIVORCE

REASONS FOR DIVORCE A marriage may be dissolved by a court for one of the following reasons: the irretrievable breakdown of the marriage; or the mental illness, or the continuous unconsciousness, of a party to the marriage. The irretrievable breakdown of the marriage...

WHAT HAPPENS TO OUR ASSETS ON DIVORCE?

WHAT HAPPENS TO OUR ASSETS ON DIVORCE?  In South Africa, there are three recognised forms of matrimonial property regimes in terms of the Matrimonial Property Act 88 of 1984, namely: Marriages In Community of Property; Marriages Out of Community of Property (without...

CHILDREN & DIVORCE

CHILDREN & DIVORCE ‘Parental rights and responsibilities’ is the broad term for the rights and responsibilities a person may have in respect of a child. These include all or some of the elements of guardianship, care, contact and maintenance. A holder of full parental...

AN AMICABLE DIVORCE – THE BEST OPTION

AN AMICABLE DIVORCE – THE BEST OPTION  A marriage in South Africa can only be dissolved by an order of a Court. Divorce proceedings are therefore either instituted in the High Court or the Regional Court and are instituted by the spouse who wants to end the marriage...

THE DIVORCE PROCESS

THE DIVORCE PROCESS When a spouse wishes to end a marriage, he or she will institute the proceedings by serving summons on the other spouse. The other spouse can then either choose to oppose (contest) the divorce or not.As mentioned in the previous article, there are...

CAN A SPOUSE FORFEIT ASSETS FROM THE MARRIAGE IN A DIVORCE?

CAN A SPOUSE FORFEIT ASSETS FROM THE MARRIAGE IN A DIVORCE? Should a spouse guilty of ‘substantial misconduct’ such as adultery be punished in terms of the division of the marital property upon divorce?Section 9(1) of the Divorce Act 70 of 1979 provides: “(1) When a...

DIVORCE & MEDIATION

DIVORCE & MEDIATION Prior to obtaining a divorce, couples frequently choose to resolve many, if not all their marital disputes through mediation. Mediation is a well-established form of dispute resolution and allows for a harmonious method of dealing with a divorce....

THE INTEREST OF CHILDREN IN DIVORCES

THE INTEREST OF CHILDREN IN DIVORCES The Preamble to The African Charter on the Rights and Welfare of the Child (of which South Africa is a signatory) provides ‘the child should grow up in a family environment in an atmosphere of happiness, love and understanding’....

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