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In South African law, legal separation and annulment are options for establishing marital separation or declaring a marriage null and void. With the assistance of these services, individuals can receive help with essential documentation, legal strategy, and court proceedings.
A legal separation is a court order that grants married couples the right to live apart from each other. It does not dissolve the marriage, but it does provide legal clarity about the division of assets, child custody, and support.
To obtain a legal separation, you need to file an application at the High Court. You will need to provide evidence that your marriage has broken down irretrievably and that you and your spouse have been living apart for at least two years.
An annulment is a legal process that declares a marriage null and void. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as if it never existed.
The grounds for an annulment include:
To obtain an annulment, you need to file an application at the High Court. You will need to provide evidence that your marriage is voidable based on one of the grounds for annulment.
While it is possible to represent yourself in court, it is highly recommended that you seek the advice and guidance of a qualified lawyer. A lawyer can help you navigate the legal process and ensure that your rights are protected.
The advantages of a legal separation over a divorce include:
The advantages of an annulment over a divorce include:
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