Divorce does not have to be about paperwork.
Family first, fairness and future-focused should all be the goals of divorcing. Your personal life may have collapsed despite all your efforts. Your partner’s behavior and the many fights may have made you feel deflated and defeated.
You may find it difficult to complete your daily tasks because of this emotional rollercoaster ride. Disillusionment and anger can cloud your judgment. We can help you as divorce lawyers.
Divorce Agreement Guidelines
Divorce agreements are a way for spouses to divorce and start a new life.
They determine the type of marriage and details of any pre-marital agreements, and then they confirm the divorce settlement.
- Maintenance payments to a spouse or children
- Guardianship and custody, as well as access to the children
- Divisions of assets, including home
- Plans and arrangements to provide medical aid, retirement funds, and other relevant matters
It can also be used as a guideline to help with other important issues such as how they will split up or continue running a business they own. The agreement allows the couple the ability to clearly define how they will manage their future lives.
There are many types of South African divorce
There are three main methods of divorcing in South Africa. The type of divorce proceeding will determine how long and expensive it will take.
These three types of divorcing are
- Divorce without a disagreement
- Mediated divorce
- Contested Divorce
Divorce with Children
A professional divorce attorney is required for complex relationships between spouses. We can help you navigate the divorce process and ensure that your child receives the best care and contact rights.
Consult a divorce attorney to avoid feeling anxious or disillusioned. You must act fast to prevent your children from getting caught in the middle.
Your family and you must maintain a reasonable level to ensure a healthy close.
Maintenance for children
South African law grants children financial support. Both spouses must provide financial support to the child, whether they are married or not.
Maintenance amounts must be agreed on and finalized in accordance with the Maintenance Act 99 (1998), and the Children’s Act 38 (2005). Parents must provide for their children’s education. How much each person earns will affect how much they get.
The paid amount is determined by the primary caregiver’s monthly income as well as the cost of care. Court orders may also be issued for maintenance orders. Failure to adhere to these obligations is a crime.
Reasons for Divorce
There are three reasons to divorce South Africa. Two of these are very rare.
- The irretrievable ending of the marriage
It is impossible to restore the relationship. The Divorce Act 70 (1979) states that certain circumstances may be irreversible.
- Separation for at most one more year
- Contrary to historical precedents and some beliefs, adultery is not grounds for divorce. A third party can’t be sued for “alienation” or affection. If one spouse believes there is no possibility of reconciliation, then adultery could be the reason for which the marriage has been irretrievably ended.
- The defendant is currently being held in jail for multiple offenses or serving time.
- 2. 2. Mental illness
- Constant unconsciousness at least six months
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