Case Studies
A spouse living in South Africa is able to institute divorce proceedings through the courts in South Africa if the other spouse lives overseas. The same applies when you are a South African citizen that lives overseas and one spouse resides in South Africa. In terms of the Divorce
Mrs Spring approached our offices to assist her with her divorce proceedings against Mr Spring. Our offices instituted the divorce proceedings and contacted Mr Spring with a proposed Settlement Agreement and Parenting Plan in order to deal with the divorce expeditiously. Mr Spring rejected Mrs Spring’s proposals and was
It frequently happens that parties include a clause in a Divorce Settlement Agreement that neither party shall have the right, after divorce, to approach the maintenance court for a variation of the spousal maintenance. This however is not enforceable strictly speaking. According to section 8 of the Divorce Act,
Mrs Brown approached our offices to assist her with her divorce proceedings. She is a high net worth client with several investments and other assets. Mrs Brown advised our offices that Mr Brown had engaged in several extra marital affairs, and that all throughout their marriage, Mr Brown had
Mrs Peach and Mr Peach wanted to get divorced. They concluded a Settlement Agreement and Parenting Plan and proceeded to finalize the divorce. However, after the divorce was finalized, it came to Mrs Peach’s attention that the Decree of Divorce was materially incorrect in that the Judge, at the
Mr and Mrs Zulu were married 15 years ago. Sadly, their marriage has reached such a state of disintegration that they no longer have the same love and affection they once had for each other. They have become incompatible, and are intent on divorce. Whilst they no longer have
Spousal Maintenance is different from child maintenance in that it is paid by one spouse to the other spouse following a divorce. It is a general principle of law that neither spouse has a right to spousal maintenance upon divorce. However, the Divorce Act, 70 of 1979 provides the
Sometimes, married couples drift apart without ever getting a divorce. It occasionally happens that neither spouse takes any active steps to initiate the process and they simply lead separate lives until one of them starts thinking about marrying again and realises that there is some paperwork to be done.
One of the ways of resolving a divorce is through the negotiation of a settlement agreement. This involves the clients and their attorneys sitting down and trying to reach agreement on the various issues in dispute. These disputed issues usually revolve around who gets what, as well as around
There are essentially three types of divorce in South Africa. The types of divorce procedure profoundly affect the practical matters of: Divorce is one of the most powerfully stressful experiences that humans can experience. It has a profound impact on the mental, emotional and physical and physiological well-being of
