The dissolution of a marriage (divorce) is the process of terminating a marriage.
The responsibilities of the marriage also need to be consider during the divorce process which involve;
The division of property/assets
Legal grounds for divorce in South Africa:
Namely the:
In the past, only the High Court could deal with divorce cases, but in 2010 the Act was amended to included Regional Courts as well.
The divorce process is initiated by the issuing of a summons. A divorce summons is required to be served personally by the Sheriff of the court on the defendant.
During the divorce process, a court has jurisdiction if one or both parties are:
• Domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or
• Ordinarily a resident in the area of jurisdiction of the court on the said date and has/have been ordinarily resident in South Africa for a period of not less than one year immediately prior to that date.
Divorce has two types:
Protecting assets
Child Custody
Family advocate explained
Engagement rings after divorce?
An uncontested divorce is when a couple agree to get a divorce by signing a divorce settlement agreement.
This settlement agreement will outline different issues related to their marriage. For example, how much maintenance to pay, access and custody of children, and how the assets of the marriage will be split.
Uncontested Divorce
Protect your assets
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The divorce process.
Divorce costs.
Divorce Court.
Documents needed.
An contested divorce is when a couple have issued court papers against each other and are now fighting their divorce case in court. In other words, they cannot agree on the divorce split and have left it to the Judge who will then decide on various issues such as who gets what and who gets custody of the children.
Most couples would prefer to have an uncontested divorce (i.e. a divorce that is settled out of court). However, there are situations when you are faced with a combative spouse who wants to fight every aspect of the divorce. Therefore going to court to get what is rightfully yours might be the only option.
Whilst a contested divorce might cost more, in the long run getting your share of your assets might be a better financial return for you versus the cost of litigation.
Divorce mediation.
Maintenance.
A divorce is an important step towards your personal happiness. Make sure you have a proper plan in place.
Contested vs Uncontested Divorce.
Legal Divorce Grounds.
Family Advocate.
Dirty Divorce Tricks.
If you miss the deadline to refer your matter to the CCMA, you can still request condonation, which is essentially permission to submit your claim
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