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Divorce and dissolution of marriage

Assistance with Filing, Divorce Mediation, Settlement Negotiation, and Legal Representation

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In South African law, divorce signifies the lawful conclusion of a marriage, granting individuals the freedom to separate and dissolve their marital union. This legal process entails severing the ties that bind a married couple, adhering to the regulations and statutes of the respective country or state. The Divorce Act presides over the divorce proceedings, establishing the reasons and protocols for initiating a divorce.

  • Clear legal separation of assets.
  • Protection of parental rights.
  • Freedom to remarry.
  • Alimony and child support entitlement.
  • Resolution of marital disputes.
  • Closure and emotional relief.

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FAQ for Divorce and Dissolution of Marriage

What is the difference between divorce and dissolution of marriage?

In South Africa, there is no difference between divorce and dissolution of marriage. Both terms refer to the legal process of ending a marriage.

What are the grounds for divorce?

In South Africa, there is only one ground for divorce, which is the irretrievable breakdown of the marriage. This can be proved in one of three ways: adultery, abuse, or irreconcilable differences.

How long does it take to get a divorce in South Africa?

The length of time it takes to get a divorce in South Africa varies depending on the complexity of the case and how quickly the parties can agree on the terms of the divorce. On average, it takes between 4 and 8 months to finalize a divorce.

Do I need a lawyer to get a divorce?

While it is not required by law to have a lawyer to get a divorce, it is highly recommended. A lawyer can help you navigate the legal process and ensure that your rights are protected.

How is property divided in a divorce?

In South Africa, property is divided according to the principles of equitable distribution. This means that each party is entitled to a fair share of the marital property, which may not necessarily be an equal share.

What happens to the children in a divorce?

The best interests of the children are always a top priority in a divorce. The court will consider factors such as the children's age, health, and educational needs when making decisions about custody and visitation.

Can I change my mind after filing for divorce?

Yes, it is possible to reconcile with your spouse and withdraw your divorce petition at any time before the divorce is finalized. However, once the divorce is finalized, it cannot be reversed.

What happens if my spouse and I cannot agree on the terms of the divorce?

If you and your spouse cannot agree on the terms of the divorce, the court will make the final decision. This may involve a trial, where both parties present evidence and arguments to support their positions.

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