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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

Traditional marriage by MP is valid

A senior MP representing an opposition party in Parliament has been told that his customary marriage to his estranged wife is valid despite his protestations that it was not properly concluded.

Judge confirms customary marriage requirements

Gauteng High Court (Pretoria) Acting Judge EK Tsatsi has again confirmed there does not need to be a specific list of requirements which must be complied with to prove a valid customary marriage exists.

Spousal Maintenance After Divorce and the “Clean Break” Principle

Our courts always prioritise the interests of children in any marital breakup, and child maintenance orders are accordingly tailored to ensure that both parents honour their obligations to support their children financially – to the extent that each spouse is able to do so, and for so long as is necessary.

Can You Change Your Marital Regime After Marriage?

One of the most important decisions you must make before you marry is what “marital regime” (“matrimonial property system”) you want to apply to your marriage.

Wife's demands get short shrift from judge

The financial demands of a mother of two children on her estranged husband, which included R2 600 a month for new clothes, did not sit well with a Mpumalanga High Court judge, according to a Pretoria News report.

Who Gets the House on Divorce?

Historically 44% of South African marriages have ended in divorce, and there has reportedly been a 20% surge in new divorce applications since lockdown.

Parties object to polyandry marriage proposal

Political parties which draw their support from religious voters have slammed a proposed change to marriage laws which could see a woman marrying more than one man, notes a Cape Argus report.

Divorced couple in cat fight

A bitter legal war is brewing between a divorced couple over their beloved Chinchilla Persian cat, called Buffy, who they both consider to be their ‘child’.

Ghosts of ugly past still haunting us

The Constitutional Court has raised concern that some of apartheid’s oppressive and discriminatory laws still impact on black people’s lives, 27 years into democracy.

Judge throws out wife's unrealistic maintenance claim

A mother of five embroiled in divorce proceedings with her husband got far less than she bargained for after claiming she couldn’t make ends meet since he left.

Ex-President Zuma fails again to reduce maintenance

Lawyers acting for a former President Zuma have yet again failed to overturn a court order that he pay his estranged wife R95 000 a month as interim maintenance ahead of their divorce.

I can't afford R95 000 maintenance

Lawyers acting for a former President ordered to pay his estranged wife R95 000 a month as interim maintenance ahead of their divorce were back in court yesterday, claiming he cannot afford to pay her that much.

Gay couple granted divorce on appeal

When two women from Namibia and Russia fell in love, they needed to cement their union in a country that allows gay marriage, and settled on SA.

Ex-President's accounts reveal big money flows

Big money flows of hundreds of thousands of rands in and out of a former President's bank accounts have counted against him in a court battle over maintenance for his estranged wife.

Millions involved in antenuptial contract dispute

A house worth at least R13m, R1.5m for furniture, R80 000 a month maintenance for their two children and R50 000 a month for herself for the next five years.

Judge sides with father in short-paid maintenance dispute

A judge found that a divorced father of three should be given a break after he short-paid one month’s maintenance to his former wife, as his salary reduction due to Covid-19 left him out of pocket.

SCA confirms marriage not legal

You can have a wedding ceremony in a church with a minister’s blessing … but that does not necessarily mean you are legally married.

Retired judge defaults on maintenance dues

A High Court judge whose retirement income from his government pension fund totals R153 000 a month, baulked at his wife’s maintenance requests for herself and their two minor children. And he allegedly failed to transfer the first R27 512 interim maintenance monthly sum he was ordered to pay to his family by a magistrate.

Former President tells his ex he's not wealthy

One of SA's former Presidents who is being sued for divorce has hit back, saying he is not wealthy and lives off his pension. He stops just short of calling his wife a gold-digger who is living beyond her means, notes a Sunday Times report.

Wife contests husband’s share in divorce settlement

A woman – unhappy with the fact that her husband was receiving a share of her pension benefits as well as their communal home when he left her – has turned to the court for an order that he had to forfeit everything due to his conduct.

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