In South African law the main grounds for divorce are irretrievable breakdown of the marriage relationship, in other words, that matters between the spouses has deteriorated to such an extend that there is no reasonable prospect of a normal marriage relationship being restored.
A divorce can be an emotional process for everyone involved. Not only does the couple have to go through the difficulty of splitting assets and the pain of a break in the relationship, but if children are in the picture, their emotions come into play as well. Whether the split is a mutual decision or painful for one person in particular, the steps that need to be taken can be lengthy and stressful, especially if one person is unwilling to cooperate.
We will assist and guide you all the way through the legal processes. Don"t make the costly mistake of appointing a divorce attorney who is not a specialist in the field of divorce to handle your divorce. We strive to make the divorce process as smooth and hassle-free as possible for everyone.
We will and do work day and night to make sure that everyone is treated with respect and is satisfied with the outcome.
We specialise in Divorce and related matters and you as valued client can rest assure that we are skilled in the process of dual representation and we always litigate aggressively to ensure that our client"s rights are protected and enforced.
As far as family law is concerned, we in South Africa have it all. We have every kind of family; extended families, nuclear families, one-parent families, same-sex families, and in relation to each one of these there are controversy, difficulties and cases coming before the courts or due to come before the courts. This is the result of ancient history and recent history. Our families are suffused with history, as family law is suffused with history, culture, belief and personality. For researchers it’s a paradise, for judges a purgatory.
Like Humpty Dumpty a family once broken by divorce, cannot be put back together in precisely the same way." A decision by a primary caregiving parent to relocate after a divorce, thereby disrupting the non-primary caregiver’s right of contact with the children in the marriage or, where both parents have joint care, the denial of the other’s parental rights to care, raise the possibility of litigation involving relocation disputes.
The reasons sometimes given for relocating include matters such as the availability of attractive employment opportunities for either the primary caregiver or his/her spouse in the new location, a loss of confidence in the country’s economy, the escalating crime rate, the availability of better education for the children, and the lack of a family support system wherever the family was initially situated. The parent who is going to be left behind often refuses to agree to the move. The primary caregiver then approaches the court to dispense with that guardian’s consent. Relocation disputes are amongst the most difficult cases that courts have to deal with in family law matters.
We can assist you in the following areas:
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