The dissolution of a marriage or its annulment is a very sad business. It is going to involve divorce papers and if you are lucky and can reach a settlement agreement it is possible to do an uncontested divorce. Uncontested divorce forms are available online.
The action for enticement protects the consortium existing between spouses against the intentional destruction by a third party and has been recognized as being part of our law in South Africa. The action is as available to the aggrieved wife as it is to the aggrieved husband. It would also be available to either of the partners to a civil union in view of the fact that such a union has the same consequences as a marriage. To succeed in this action the plaintiff spouse would need to allege that the third party knew of the existence of the marriage or civil union and that the object of the enticement was to deprive the innocent spouse of his consortium rights . The damages for enticement can be substantial because third parties “should realize that they cannot with impunity seduce married men [or married women] from their duty to their wives [or husband]” Family Law Service: Schaefer.
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When the parents of a child involved in the dissolution of marriage the position is altered and a reassignment of parental responsibilities and rights or at least some of their incidents, is inevitable. In addition to the High Courts inherent powers as the upper guardian of all minors within its area of jurisdiction, statutory protection is given to minor and dependent children of the marriage in divorce proceeding by the Divorce Act and the Mediation in Certain Divorce Matters Act. The Recognition of Customary Marriages Act has extended the whole of the latter Act and section 6 and 10 of the former to divorce proceedings involving customary marriages.
Before the decree of divorce may be granted the court must be satisfied that the provisions made or contemplated with regard to the welfare of any minor or dependent child of the marriage are satisfactory or are the best that can be effected in the circumstances
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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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