Posts Tagged ‘divorce papers’

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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Divorce Attorneys talk about Child Custody

Thursday, April 29th, 2010

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.

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Divorce Attorney addresses Joint Guardianship

Wednesday, April 28th, 2010

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.

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Divorce Lawyer discusses Warrants of Arrest

Friday, April 23rd, 2010

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

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Barbara talks to her Divorce Lawyer

Sunday, April 18th, 2010

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.

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