Areas of Law and Guides
Would you like a qualified Lawyer to assist you with your Divorce Law question today? Do you need advice regarding your divorce, maintenance, child support, access to your child, interim maintenance pending a divorce, or any other Family Law concern? Would you like a qualified Lawyer to assist you with your Divorce Law question today?
Marriage and Divorce Law
Divorce (or the dissolution of a marriage by a court) is results in the final termination of a marital union, cancelling the legal duties and responsibilities flowing from marriage and dissolving the bonds of matrimony between the parties. In South Africa, divorce requires the sanction of either the High Court or a specialist Divorce Court as it is an area of law that affects one's legal status.
The legal process for divorce may also involve issues of maintenance or spousal support, child custody, child support, distribution of property and division of debt.
Where the issues are not complex and the parties are cooperative, a settlement can often be negotiated between them, and the parties will be divorced based on this 'consent paper'. Where there are disputes of fact, on the other hand, the divorce must proceed through the court system.
Most recent Articles posted
A former prominent property fund CEO could be compelled to pay spousal maintenance of R350 000 a month following a split with his wife after more than a decade of marriage, reports City Press.
In what a Pretoria News report calls yet another battle between two women who both claim they are the customary wives of their now-dead husband, the Free State High Court (Bloemfontein) has declared the first wife – who was married to him for 26 years and bore him 13 children – is the lawful wife.
A Cape Town woman who demanded that her soon-to-be ex-husband be sent to jail for six months for contempt of court because he could not afford to pay private school fees for their two children has been described as ‘callous’ in a finding by the Western Cape High Court.
In Rule 43 applications, there are often many more versions a court has to consider; especially regarding children.
A woman who was fed-up with her husband’s lack of ambition for not studying further to improve his earning capacity as well as his alleged infidelity, failed in a legal bid for him to forfeit his share of their house and other benefits upon divorce.
A husband has been ordered by Gauteng High Court (Johannesburg) Acting Judge Mohamed to pay his estranged wife R18 000 for spousal maintenance after she was allegedly forced to move out of their marital home and now lives in KZN with her boyfriend.
Divorce can be a costly matter, especially if the parties nitpick every aspect of their divorce, says a Pretoria News report. A woman, who asked the court to order her estranged husband to contribute nearly R2.5m towards her legal fees, found this out in the Gauteng High Court (Pretoria).
Gauteng High Court (Johannesburg) Judge Leicester Adams has ordered that a man forfeit half his wife’s R7m pension during their divorce because he was a ‘bad husband’ during their marriage.
A man who is suffering from stage four liver cancer has been thwarted in his bid to obtain an 'urgent' divorce while financial and other disputes are outstanding.
A KZN businessman who defaulted on payments on his children’s school fees, monthly rental and their medical aid premiums, told the court he was unable to make some of the payments due to lack of funds.
To maintain a lavish lifestyle or not was the question the Gauteng High Court (Johannesburg) had to decide.
An aggrieved cheating ex-wife, who was on the verge of losing a portion of her Pretoria house she shared with her ex-husband, has taken the matter on appeal at the Gauteng High Court (Pretoria).
A Cape Town man who co-owns a house with his ex-wife approached the Western Cape High Court because he wanted to sell his share of the house to her.
A husband has been released from his obligation to pay R10 000 in spousal maintenance after presenting evidence in the Gauteng High Court (Johannesburg) that his wife concealed her income.
A KZN businessman who spent his money on cryptocurrency and online dating, failed in his bid to get over R26 000 in spousal maintenance from his estranged wife, reports IoL.
A wife who made it clear that she was unprepared to tighten her belt pending her divorce with her husband, as she was accustomed to a certain lifestyle, turned to the court to demand the husband pay her R84 000 a month in maintenance and won.
An eye specialist earning R375 000 a month has failed to persuade the High Court to reduce, then entirely scrap, maintenance payments to his estranged wife after discovering she inherited R1.7m and was now ‘wealthy’.
Gauteng High Court (Johannesburg) Acting Judge Hasani Malungana has ruled that two women, who were married to the same man, are recognised as the deceased’s legal widows and, if they so want, can have both of their marriages registered.
A woman has been refused her claim for R128 298 a month maintenance on top of her car, medical aid, cellphone and levy costs as interim relief pending her divorce, says a TimesLIVE report.
The SA Law Review Commission (LRC) discussion paper – which proposes progressive changes to the country’s 40-year-old Matrimonial Property Act – has appeared to raise the ire of some members of the Muslim community.