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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

ConCourt upholds recognition of Muslim marriages

The Constitutional Court yesterday confirmed a SCA ruling, which legally recognises Muslim marriages, and declares certain sections of the Marriage Act and Divorce Act unconstitutional, reports News24.


Divorced father must continue support for children

A divorced father who stopped certain payments towards his two children – both over 18 – has been ordered to pay his ex-wife R166 000 within 30 days.


Attach pensions of maintenance defaulters

The SA Law Reform Commission (SALRC) has recommended that the Maintenance Act be amended to allow for attachment of a portion of pension benefits of child maintenance defaulters.


Lawyers warned of ‘dire consequences’ in divorce ruling

The Eastern Cape High Court (Makhanda) has ruled against a woman’s attempt to have her divorce agreement varied or set aside to lay claim to a fair share of her ex-husband’s R10m estate, reports GroundUp.


Landmark ruling boost for divorcing spouses

The Gauteng High Court (Pretoria) has paved the way for divorcing spouses married out of community of property and without the accrual system to be financially compensated for their contribution to the marriage.


No entitlement to maintenance withdrawal notice

A mother whose ex-husband owed her maintenance payments for their children was legally entitled to withdraw funds from his pension without giving him notice, reports GroundUp.


‘Violent’ husband ordered to pay R77 000 maintenance

A farmer with an estimated property portfolio valued at R25m has been ordered – pending divorce action – to pay his estranged wife just over R77 000 per month for maintenance compared to the R2 000 he offered at the start of the proceedings at the Gauteng High Court (Johannesburg).


Judge rejects divorcee’s unjustified maintenance claim

A divorcee was dealt a major blow when Western High Court Judge Derek Wille dismissed her application to have her monthly maintenance increased from R71 000 to R125 000 – with no evidence of why the increase was justified.


Lawsuit over Mount Blanc sunglasses

Mont Blanc sunglasses worth R15 000 and a 2019 Range Rover with personalised number plates became the subject of a legal battle in the Western Cape High Court.


SCA clarifies maintenance order lapse conditions

The SCA has confirmed that maintenance orders lapse after 30 years only, if they’re not altered.


Why Life Partners Still Need Cohabitation Agreements and Wills

What happens if your life partner dies without leaving you anything in their will (“Last Will and Testament”)? Do you have the same protections as married spouses do?


Mediation

Alternate dispute resolution


Divorce: Claiming Interim Maintenance and a Contribution to Legal Costs

Even if your marriage is collapsing around you, you might be afraid to sue for divorce because you have no money to survive on, plus you know that a hotly contested divorce might take years to finalise while your breadwinner spouse fights you tooth and nail every step of the way.


Cheating husband wins pension bonus

A woman whose husband divorced her after 35 years of marriage lost her legal bid not to share her pension of more than R2.84m with him, says a Weekend Argus report.


Marriage seen as 'morally superior' to other unions

With its ‘marriage-centric’ focus, the Constitutional Court privileges religious unions in its approach to the term spousal relationship, thereby failing to force the legislature to protect all legally unrecognised unions that play the same social role as marriage. So argues Ladysmith Magistrate Desmond Francke.


‘Marriage that wasn't' finally declared invalid

Elize O’Brien (42) – a mother of four married for more than 15 years to a man she has never met in her life – has had her ‘marriage’ entered into in February 2006 declared invalid.


Banking boss must pay estranged wife R2m

A Johannesburg banking executive has discovered that divorce and ensuring that the estranged spouse continues to live the same lifestyle as before the break-up is costly, says a report in The Star.


Muslim marriages Bill proposed ahead of ConCourt ruling

Ahead of an expected judgment from the Constitutional Court on the recognition of Muslim marriages, the Al Jamah-ah Party has submitted a Private Members Bill on a proposed interim registration of Muslim marriages to the Speaker of Parliament, notes a Cape Argus report.


Muslim marriage issue argued in top court

The Constitutional Court has reserved judgment in the application by the Women's Legal Centre Trust to provide finality on the state's obligation to recognise Muslim marriages as ordered by the SCA last year.


Muslim marriages case in ConCourt today

After a long struggle spanning more than 20 years, Muslim marriages may finally be recognised under common law as the Constitutional Court will today hear the application brought by the Women’s Legal Centre Trust (WLC), to confirm an order made in December by the SCA which declared the Marriage Act and the Divorce Act to be inconsistent with sections of the Constitution.





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