Q: What is at the heart of the Constitutional Courts Judgements on the matter?
A: The Court held that it is contrary to the constitutional rights to equality and protection of dignity to allocate some rights and benefits to married couples whilst withholding them from couples who are parties to lesbian or gay relationships
Whilst married couples could marry this right was denied to same sex relationships.
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Normally, while the parents are living together, their young child will be regarded as having the same habitual residence as them but this not an invariable rule. In fact, if parents agree that their child should live apart from and either retain or acquire an habitual residence different from their own, the English Courts have held that it does not automatically follow that, upon the ending of that agreement, the child’s habitual residence reverts to that of the parents. However, an agreement to send a child abroad for some temporary purpose is not sufficient to change that child’s habitual residence. For example, sending a child abroad to boarding school is unlikely to be regarded as being more than temporary and will thus not involve a change of habitual residence [with thanks to Family Law Service:Schafer.
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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.
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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.
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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.
