DIVORCE ATTORNEYS IN SOUTH AFRICA
Marriages may dissolve over time, sometimes its infidelity or one partner may have simply fallen out of love with the other, these things happen in life. What is important is to be prepared to overcome this hard time and to ensure your family and children are the priority. There are many different grounds for divorce which we will guide you through and give you the most informed solution possible.
A marriage may be ended on the following grounds as ordered by the courts:
The irretrievable breakdown of the marriage:
- The parties have not lived together as husband and wife for a continuous period of at least one year immediately prior to the date issuing summons for divorce.
- The defendant has committed adultery and the plaintiff finds it irreconcilable with a continued marriage relationship.
- The defendant was declared a habitual criminal and is undergoing imprisonment.
The mental illness, or continuous unconsciousness of a party to the marriage:
- has been admitted as a patient to an institution in terms of the reception order;
- is being detained as a state patient at an institution or other place specified by the Minister of Correctional Services; or
- is being detained as a mentally ill convicted prisoner at an institution.
The divorce process in South Africa is not complicated at all, however, there is often financial and time consequences when getting a divorce due to the fact that courts are sometimes overly burdened and can be a lengthy process. There are two types of divorce in South Africa, contested and uncontested divorces. An uncontested or unopposed divorce is often the easiest and least financially stressful way to get a divorce and can be completed in 4 weeks. An uncontested or opposed divorce is often messy and much mediation and meetings between the two parties with a trial usually involved if the two parties cannot agree.
The division of assets is often determined by what type of marriage agreement you and your spouse have entered into. There are two primary contracts, marriage in community of property and Marriage out of community of property. Depending on the type of marriage you have Johannesburg Divorce will work tirelessly to ensure you and your assets are protected and for the best possible outcome. During the division of assets is when most of the fighting during a divorce is done, one spouse will often feel like they deserve more whereas the other feels they are getting an unfair deal, we attempt to remove these feelings.
During the divorce mediation and negotiaton period it often comes up whether assets held in a trust. should be included in the estate of one of the parties, the position that the law takes is that the trustee hold the trust for the benefit of a third parts and therefore it cannot be considered as part of the persons estate and determining their value. There are certain considerations that may apply to include the trust as part of an estate, this generally happens when one party is trying to hide funds or use the trust as an “alter ego”.
Adultery is the act of one or both spouses engaging in sexual relationships outside of the marriage. Previously you were able to sue the third party for damages, however, in 2014 this law was abolished and considered archaic. When it comes to adultery the law usually sides with the person who has been cheated on and will affect the courts decision at the resolution of your divorce and may result in the guilty party paying more maintenance or alimony.