In order to understand the dissolution of marriage and the divorce act one needs to understand the different kinds of marriages which have to be dealt with by divorce attorneys in South Africa. Here a divorce lawyer who deals with uncontested divorce discusses one form of marriage.
The Qur’an says:
“Marry women of your choice, two, three or four, but if you fear that you shall not be able to deal with them fairly, then only one.”
The trend today in most Arab and Islamic countries is in favour of restricted polygamy. A few illustrations manifest this approach. In Iraq, marriage to more than one wife is permitted at the discretion of the judge (qadi), who must ensure that the husband is financially capable of supporting more than one wife and that there is a legitimate interest.
If you would like more information on this subject and others concerning this matter please contact Divorce Forms and one of our panel of attorneys will get back to you.
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.
Divorce Lawyers are specialists and can be very costly as they are skilled in getting you the best settlement possible. If this is beyond your financial reach then there is the option of the Law Clinic.
The voluntary sector is being encouraged to play an ever more important role in providing services to the consumer. There are several organisations which have geared up to to give expert advice and assistance under the Legal Aid scheme for which they will be paid.
They provide excellent quality service for those who cannot afford a lawyer or seek specialist advice in specific areas.
Visit our website if you want advice in this area.
