1. Access to minor children?

"Access enables a person to see, and spend time with and enjoy the company of a child of whom he or she does not have custody." Where parents do not live together, access serves to promote a continuing parental relationship between the...

Tuesday, 03 February 2009 | 800 hits | Print | PDF |  E-mail | Report | Read more

2. Failure to Pay Maintenance

What legal steps can you take if your spouse fails to pay maintenance? Your spouse has been ordered to pay maintenance in terms of a divorce order or maintenance court order. If he fails to do so, the following are your remedies: Maintenance...

Tuesday, 03 February 2009 | 609 hits | Print | PDF |  E-mail | Report | Read more

3. If I got married outside of South Africa can I get divorced here?

If I got married outside of South Africa can I get divorced here? A: The Jurisdiction of the Divorce Act states as follows: ".A court shall have jurisdiction in a divorce action if the parties are or either of the parties is: ...

Tuesday, 03 February 2009 | 379 hits | Print | PDF |  E-mail | Report | Read more

4. Separation

If a marriage breaks down and the partners do not want a divorce, they can agree to separate. This can be informal - they just agree between themselves on the conditions of the separation. Or it can be a formal separation drawn up by a lawyer....

Tuesday, 03 February 2009 | 331 hits | Print | PDF |  E-mail | Report | Read more

5. Joint v. Sole Custody

Please explain what the rights are of a parent who has joint custody of a child as opposed to one that has sole custody? My husband is going overseas and wants sole custody of our two children. I want to know what my rights would be if he did have...

Tuesday, 03 February 2009 | 313 hits | Print | PDF |  E-mail | Report | Read more

6. Grounds for a Divorce

What is a Divorce? A divorce legally ends a marriage. Once a divorce is granted, each partner may legally marry someone else. There are only two grounds for divorce:     ·         the 'irretrievable breakdown' of the marriage;...

Tuesday, 03 February 2009 | 299 hits | Print | PDF |  E-mail | Report | Read more

7. DIVORCE PROCEDURES

DIVORCE PROCEDURES UNCONTESTED DIVORCE Only one of the spouses hires an Attorney to deal with their divorce matter – that Attorney cannot represent both Parties in an Uncontested Divorce. The Attorney drafts and files all the required...

Tuesday, 02 March 2010 | 275 hits | Print | PDF |  E-mail | Report | Read more

8. Custody of the children

Arrangements made at the time of divorce  When a couple gets divorced, they must make a number of arrangements. The woman might have to fight to get a fair deal, especially when it comes to the children of the marriage. The most important...

Tuesday, 03 February 2009 | 242 hits | Print | PDF |  E-mail | Report | Read more

9. Can a South African court divorce South Africans living permanently abroad?

Can a South African court divorce South Africans living permanently abroad? Q I am married to a South African and want to get a divorce. We were married in South Africa about 4 years ago and have been separated for 2½ years. We now both live in...

Tuesday, 03 February 2009 | 195 hits | Print | PDF |  E-mail | Report | Read more