Divorce

Divorce

In South African law, divorce or dissolution of marriage refers to the end of a marital union, the cancellation of marriage’s legal duties and responsibilities, and the rupture of the matrimonial relations between a married couple. On the other hand, an annulment deems the marriage null and void. Divorce is a legal process that requires the approval of a judge. Alimony, child custody, child support, property distribution, and debt division are all difficulties that may arise throughout the legal process of divorce. Divorce procedures can be filed in either the Regional Magistrate’s Court or the High Court, but only one of them must have jurisdiction over the Plaintiff’s or Defendant’s residence. To begin the process, the relevant court will issue a summons, which will then be served on the Defendant by the Sheriff.

Issues in a Divorce

Issues that need to be addressed during a divorce can include:

• Custody of Children now referred to as care and contact Before the court grants the divorce, the parents or the court must decide who will care for the children. This choice should be made in the children’s best interests, and the Family Advocate can look into it.
• Access to Children is formulated in a parental plan which is endorsed by the Family Advocate. It will be necessary to reach an agreement on when, where, and how the parent will access the children. The court can limit access if it is not in the children’s best interests for the other parent to have access.
• Property Division This is regulated by the marriage contract. If married without a contract, the marriage is in community of property and thus, the estate is a joint estate and is divided accordingly. If married with a contract – an antenuptial contract with accrual then in terms of the accrual system and if straight antenuptial without accrual then in terms of the contract. Under default law, civil marriages are treated as community of property with accrual. In other words, all of your possessions and debts are shared. Basically, everything you earn or purchase after you have married is also included in the estate.