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
It is possible to save thousands with a diy divorce but matters such as maintenance will have to be agreed beforehand. Because of the divorce procedure it is often better to consult a divorce attorney to help you finalize this side of matters. A divorce settlement agreement can then be entered into and with the help of Divorce Forms you can then go to the divorce court yourself and finalize the do it yourself aspect. Child Support is another matter worth talking to your divorce lawyers about.
The Divorce Act imposes no restrictions in respect of the duration of maintenance agreements which are made orders of court. Such orders may be either unconditional or for a fixed period. Our courts also give effect to agreements which provide that maintenance is to continue to be paid until the death or remarriage of the maintenance creditor or which provide such maintenance must continue to be paid out of the estate of the maintenance debtor should his death precede the death or remarriage of the maintenance creditor. Where an order is made for the payment of maintenance is made in the absence of an agreement, payment can be ordered for any period until the death or remarriage of the maintenance creditor. But the court cannot grant an order for the payment of maintenance which survives the maintenance debtor and which binds his estate. It is possible for the parties to agree that maintenance will continue after the remarriage of the maintenance creditor. However, without such agreement the courts cannot make the order.
If you need more information please contact Divorce Forms and one of our panel of Attorneys will phone you.
The marriage of a missing person can be dissolved by the High Court if it grants an order presuming death. While the court has a discretion in the matter, it cannot grant the order on its own initiative. The order may be granted only on application by the surviving spouse/partner, either when the order for presumption of death is requested or at any time thereafter – that is at a later date by means of a separate application to the High Court.
Divorce is only an option for couples who were lawfully married and the divorce procedure is outlined elsewhere. The divorce process can be simple and a divorce settlement agreement is filed in the divorce court.
Cohabitation is quite different. Cohabitation is a stable monogamous relationship where a couple who do no wish to, or are not allowed to, get married, live together as spouses. This definition includes people of the same sex living together in a stable, exclusive relationship. Sometimes this definition is limited to couples of the opposite sex living together. Cohabitation is also referred to as living together, shacking-up, de facto marriage, quasi-marriage, common-law marriage, domestic partnership or private marriage.
The only distinguishing feature of living together is the fact that the couple is not legally married to each other. The term does not include non-sexual relationships.
Sitting in your lounge at home feeling sad about your current situation how do you decide who you should go and see to discuss your predicament. Divorce is never easy and the divorce procedure can be complicated. Who is a good Divorce Attorney? You could phone the law society in the area in which you live and ask them to recommend a family law firm but the best way is to get a recommendation from a friend who has recently had the same experience. We all know of someone who has had to go through a divorce. Ask them and then ask the Divorce Lawyer how many divorces he has done recently.
You can also ask us at Divorce Forms. We would be glad to give you a referral.
