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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

Forfeiture ruling overturned on appeal

The Eastern Cape High Court (Mthatha) has ordered that the decision of a Regional Court magistrate ordering the husband to forfeit the benefits arising out of a marriage in community of property be set aside and substituted with an order for the division of the joint estate.


Husband’s claim for spousal maintenance dismissed

A ‘cheating and abusive’ husband who sought R15 000 monthly maintenance from his wife failed to convince the Gauteng High Court (Pretoria) that he needed the funds.


Three wives all have equal status

The case of a wealthy man who is now dead, his three wives and one estate from which all three women wanted to benefit was the subject of an application before the Mpumalanga High Court (Mbombela), says a Pretoria News report.


Fraudulent divorce revoked

A woman (67) who was not aware that she was fraudulently divorced from her estranged husband, who tried to evict her from her home, had the divorce revoked by Gauteng High Court (Johannesburg) Acting Judge Leigh Franck.


Judge curbs wife’s request for ‘excessive’ expenses

Interim maintenance pending a divorce was not created to give an interim meal ticket to an applicant who quite clearly at the divorce trial will not be able to establish a right to maintenance.


Cheating ex-husband entitled to proceeds of joint estate

A Pretoria woman who wanted to keep the house she once shared with her cheating ex-husband for herself, didn’t get her way after the court found that his misconduct was not enough to order a forfeiture of the joint estate.


Former CEO's wife seeks hefty maintenance

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.


Customary marriage valid

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.


Judge rules against wife’s bid to jail husband

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.


Judge opts for middle road in Rule 43 dispute

In Rule 43 applications, there are often many more versions a court has to consider; especially regarding children.


Wife loses forfeiture bid against husband

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.


Husband ordered to pay maintenance pending 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.


Wife fails to get R2.5m for legal fees

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).


‘Bad husband’ loses out on pension millions

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.


Husband fails to get urgent divorce

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.


Man faces imprisonment over maintenance arrears

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.


No to lavish lifestyle maintenance

To maintain a lavish lifestyle or not was the question the Gauteng High Court (Johannesburg) had to decide.


Judge sends appeal back to magistrate to assess

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).


Man cannot sell ex his part of home

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.


Husband released from spousal maintenance order

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.





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