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
Husband ordered to pay maintenance from jail
A businessman who is awaiting trial in prison for allegedly murdering his elderly parents, his domestic worker and the attempted murder of his wife, who was shot in the face, has to pay her R84 000 maintenance a month pending their divorce.
Hidden marriage sparks dispute after husband’s death
A husband who was married to two wives and took this secret to his grave resulted in a legal tussle between the wives as to who is the legal spouse and stands to benefit from his estate.
Zulu king seeks to divorce one of his wives
As a result of what Zulu King Misuzulu KaZwelithini has called ‘a disintegrated marriage’, he has filed papers to institute divorce action against one of his wives.
Artist in R10m estate battle with estranged wife
A multiaward-winning painter and sculptor has applied for a court interdict to prevent his estranged wife from forcefully evicting him from their lavish matrimonial home in Bryanston, Johannesburg, and from allegedly syphoning funds from their joint estate worth more than R10m.
First batch of Muslim marriage certificates issued
The Department of Home Affairs issued the first batch of 33 certificates for Muslim marriages on Friday, reports The Citizen.
Bid for rushed divorce falls foul of judge
A husband has rushed to court to seek a divorce order, which would clear the way for a move to Dubai with the new love in his life.
Judge denies HIV claim for foreiture of benefits
A husband asked the court to order that his wife forfeit all patrimonial benefits acquired during their 15-year marriage. He claimed her HIV-positive status indicated she had cheated on him and been promiscuous during their marriage, says a Saturday Star report.
Husband has to fork out for big-spending wife
A divorcing wife – who had just bought herself a sports car for R1.5m – turned to the Gauteng High Court (Johannesburg) in a bid for her husband to increase the maintenance he is paying her pending the finalisation of their divorce, as she said she simply cannot make ends meet.
Judge blocks sale of R7m home pending divorce
The sale of a luxury home valued at nearly R7m has been put on hold after a woman urgently turned to the court as she claimed that her husband, from whom she is divorcing, is trying to sell the house clandestinely behind her back.
Maintenance for child doesn't end at 18
A parent’s obligation to financially maintain their children does not stop once the child turns 18, but continues until the child is no longer financially dependent on the parent, the court remarked after a father claimed he no longer needed to pay maintenance towards his now over 18-year-old child.
Businessman ordered to pay support for stepchildren
The Western Cape High Court has ordered a wealthy businessman who refused to provide support to his wife pending their divorce action to pay her maintenance and R1m for her legal costs.
Judge strikes ‘scandalous’ rule 43 bid from roll
KZN High Court (Durban) Judge Robin Mossop has rebuked the lawyers of a divorcing woman who launched an application for interim maintenance and attached dozens of pictures to the application which included a picture of the husband’s lipstick- and semen-stained T-shirt.
Desertion doesn't end marriage
Desertion, for whatever time, may be grounds for a divorce but it is not and cannot of itself constitute or prove divorce or that a marriage is dissolved.
Sodi allegedly ignores R24m divorce payment order
Controversial high-flying businessman Edwin Sodi could face possible arrest or a writ of execution to sell his assets as it appears that he failed to comply with a court order to pay his estranged wife, Nthateng Lerata, a divorce settlement of R24m.
Judge orders estate from violent marriage to be shared
A Thembisa woman who admitted to burning all of her husband’s clothes and partly torching his car will receive half of his government pension fund and a share of their house in the divorce settlement, according to a Cape Argus report.
Wife did nothing to forfeit share of estate
A husband who claimed his wife only married him so that he could take care of her and for him to get her out of her premarital debt, has turned to the Gauteng High Court (Johannesburg) for an order that she forfeit her portion of their joint estate because they were married in community of property.
Wife loses spousal support bid pending divorce
A Johannesburg primary schoolteacher has failed in her efforts to claim R25 000 a month spousal support from her accountant executive husband pending the finalisation of their divorce.
Surgeon under the knife in maintenance case
An Umhlanga surgeon has been accused of deliberately misleading his financial situation in pre-divorce proceedings in which his wife sought maintenance for her and the couple’s three children of more than R100 000 a month.
Luxurious lifestyle unsustainable
A woman in the middle of a divorce has told the North West High Court (Mahikeng) that she spends over R110 000 every month to sustain herself and her four children and needs her husband to pay over R68 000 for the children’s maintenance.
Sodi’s R24m divorce settlement deadline looms
Controversial businessperson Edwin Sodi has been given a deadline to pay his ex-wife Nthateng Lerata more than R24m as part of a divorce settlement agreement nearly eight years ago.