The family unit in customary law is the household (or”kraal” as it is most commonly referred to in the law reports). The family group of each wife forms a “house” as defined in the Black Administration Act. Whenever a man has more than one wife there are two or more” houses” in one household (or “kraal”). The concepts of both house and household being primarily of groups of persons it makes no difference whether the geographical place of residence is rural or urban. The senior in law is not necessarily the oldest, male member of the family but he will be the head of the household (or kraalhead) as referred to in a number of law reports.
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In addition to other countries, Divorce Forms has opened a branch in the United States of America. This site offers you divorce forms for all the different states and all you need to do is click on the state and you will be taken to the page that offers the forms. Visit us on http://www.free-divorce-forms.org
The dissolution of a marriage or its annulment is a very sad business. It is going to involve divorce papers and if you are lucky and can reach a settlement agreement it is possible to do an uncontested divorce. Uncontested divorce forms are available online.
The action for enticement protects the consortium existing between spouses against the intentional destruction by a third party and has been recognized as being part of our law in South Africa. The action is as available to the aggrieved wife as it is to the aggrieved husband. It would also be available to either of the partners to a civil union in view of the fact that such a union has the same consequences as a marriage. To succeed in this action the plaintiff spouse would need to allege that the third party knew of the existence of the marriage or civil union and that the object of the enticement was to deprive the innocent spouse of his consortium rights . The damages for enticement can be substantial because third parties “should realize that they cannot with impunity seduce married men [or married women] from their duty to their wives [or husband]” Family Law Service: Schaefer.
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When the parents of a child involved in the dissolution of marriage the position is altered and a reassignment of parental responsibilities and rights or at least some of their incidents, is inevitable. In addition to the High Courts inherent powers as the upper guardian of all minors within its area of jurisdiction, statutory protection is given to minor and dependent children of the marriage in divorce proceeding by the Divorce Act and the Mediation in Certain Divorce Matters Act. The Recognition of Customary Marriages Act has extended the whole of the latter Act and section 6 and 10 of the former to divorce proceedings involving customary marriages.
Before the decree of divorce may be granted the court must be satisfied that the provisions made or contemplated with regard to the welfare of any minor or dependent child of the marriage are satisfactory or are the best that can be effected in the circumstances
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Q: What is at the heart of the Constitutional Courts Judgements on the matter?
A: The Court held that it is contrary to the constitutional rights to equality and protection of dignity to allocate some rights and benefits to married couples whilst withholding them from couples who are parties to lesbian or gay relationships
Whilst married couples could marry this right was denied to same sex relationships.
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