Posts Tagged ‘Divorce Court’

Divorce Forms discuss In Community of Property Marriages

Wednesday, May 5th, 2010

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 .

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Uncontested Divorce Lawyer explains Duration of Maintenance

Friday, April 2nd, 2010

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.

For USA clients please contact Divorce Forms

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Uncontested Divorce Attorney explains Cohabitation

Monday, March 29th, 2010

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.

For more information contact us at Divorce Forms


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