Divorce Forms

Divorce Forms discuss In Community of Property Marriages

admin — Wed, 05 May 2010 09:27:19 +0000

In the past, the criticism levelled against marriages in community of property was mainly at the inferior position it placed the wife in by virtue of the marital power that was deemed to be coupled to the community system. On the other hand, the parties enjoyed economic equality although this advantage was enjoyed only on the dissolution of the marriage. During the marriage the husband, as administrator of the joint estate, had almost unlimited powers over the joint estate. The only consolation for the wife was the knowledge that she was a joint owner of an equal and undivided half share of all the assets and liabilities of the joint estate. The common law matrimonial community was undoubtedly a community of tied-up shares.

A number of couples when they are in love and want to get married rush off to the a marriage offer and don’t sign any sort of ante nuptial agreement. This can lead to a problem later and should be considered carefully. If you would like more information on this subject and any others affecting marriages, please contact us at http://www.just.co.za .

Divorce Attorneys talk about Child Custody

admin — Thu, 29 Apr 2010 04:26:54 +0000

Removing a child from the jurisdiction of the Court and from the access of your ex-spouse is not a good idea as it could involve you in expensive litigation.

The Child Care Act requires that the child’s mother or father, but not of a child’s guardian.

If a child is above the age of sixteen,he must sign the application form for a passport but if the applicant is younger it must be signed by his parents or guardian. If the child is in foster care, the provisions of the Child Care Act must be satisfied.

In the absence of a court order to the contrary, consent an application for a passport must be given by both parents or by the child’s “legal Guardian” but if the applicant is illegitimate only the mother need consent, unless a court “orders otherwise” and if by order of court the child has been placed under sole guardianship of one parent or if a non-parent, only the guardian need consent. The personal particulars of the parents or guardian,must be verified against the population register.

If you need any further information on this legal subject or any other contact us at Divorce Forms and we will be glad to help.

Divorce Attorney addresses Joint Guardianship

admin — Wed, 28 Apr 2010 06:41:14 +0000

The Children’s Act of 2005 regulates the balance of power between joint guardians. The first principle is that each guardian may independently and without the consent of any other guardian exercise any right or perform any duty arising from guardianship. However, in the absence of a court order to the contrary, the consent of every guardian is required in respect of the marriage of the minor child, the adoption of the child, the removal of the child from the republic by a parent or by any other person, the application for a passport by or on behalf of any child under eighteen and the alienation or encumbrance of immovable property of the child.

Should you need more information on this subject or any other legal matter contact us at Divorce Forms.

Divorce Lawyer discusses Warrants of Arrest

admin — Fri, 23 Apr 2010 14:54:56 +0000

When the court grants a protection order in Domestic Violence cases, it must make an order authorising the issue of a warrant for the arrest of the offending party and suspending the execution of the warrant subject to the compliance with any order imposed. The warrant remain in force unless the order is set aside. If it appears to a member of the South African Police Service concerned that there are reasonable grounds to suspect that the other spouse may suffer imminent harm as a result of an alleged breach of the protection order by the other spouse, the police must forthwith arrest the offending spouse for being in breach of the protection order. If you need more information about this process please go to our website at Divorce Forms

Barbara talks to her Divorce Lawyer

admin — Sun, 18 Apr 2010 21:20:13 +0000

Barbara phoned her divorce attorney on Saturday morning. Her husband had not come home on time on Saturday and she had gone to the office in her car as she was worried about him. She saw lights on in the office building and as she got near to the window of her husbands office she had no idea of what she was about to witness. Her husband was in an extremely compromising position with a lady who Barbara immediately recognized as his secretary.

“What do I do now” she asked her lawyer, the tears streaming down her face. How do I handle the situation.

Barbara had chosen not to confront her husband in the act and had quietly left the scene and returned home. But the evidence was quite conclusive and she had some important decisions she had to make.

Tomorrow we will look at the Divorce Law in regard to a situation like this and examine the advice which she was given.

If you are in a similar position want would like to discuss the matter contact Divorce Forms one of our panel of attorneys will contact you.

Attorney explains about customary law

admin — Wed, 14 Apr 2010 18:07:07 +0000

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.

If you want further information on this subject please visit our website.

Divorce Attorney gives Rachel advice

admin — Tue, 13 Apr 2010 17:06:40 +0000

Rachel phoned this morning and clearly sounded very distressed. Her husband had told her last night that he no longer loved her and wanted a divorce. When she asked whether there was another woman he denied it. After a discussion involving all aspects of the marriage it was clear to me that there was no alternative but to proceed with the divorce. The problem was that she could not afford it. I suggested that she go online to our website to download the forms and explained how she should proceed from there. In a short time the Summons was issued and she told me that the Sheriff was on his way to serve the summons. If you need this kind of help contact our website and we will be glad to help.

Divorce Forms opens in USA

admin — Tue, 13 Apr 2010 05:29:56 +0000

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

Divorce Attorney explains about Enticement

admin — Mon, 12 Apr 2010 16:06:52 +0000

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.

If you are in a similar situation and would like to discuss the matter with one of our panel of attorneys please go to our website and click on the consultation button on the right.

Lawyers discuss Children and Divorce

admin — Sun, 11 Apr 2010 14:30:38 +0000

Technorati Tags: annulment

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

If you need any additional information about this subject please contact one of our panel of attorneys who will be glad to help.