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FORMALITIES FOR A MARRIAGE IN SOUTH AFRICA

Marriage is defined as a formal union and social and legal contract between two individuals that unites their lives legally, economically, and emotionally. Civil marriages, same-sex marriages, customary marriages and religious marriages are protected by the law. South Africa does not recognise a common law wife or husband. The

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TELLING YOUR CHILDREN THAT YOU’RE GETTING DIVORCED

One of the most difficult, painful conversations you will ever face is talking to your kids about your plan to divorce. When you know that you will be separating or divorcing, it is important to talk to your kids before they hear it from someone else. Imagine how upsetting

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DIVISION OF A JOINT ESTATE IN A DIVORCE

The common misconception made by parties in a divorce action based on a marriage in community of property is that the Court will decide on how the division of the property will take place, i.e. which party will remain owner of the immovable property or in most cases the

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MEDIATION AND DEALING WITH HIGH CONFLICT PEOPLE

Mediation involves a thorough discussion of what each side’s point of view is and what has happened in the past. High-conflict people, because of their self-sabotaging personalities, often make their own problems worse by blaming others, taking an all-or-nothing approach, having unmanaged emotions and resorting to extreme behaviours, which

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SURVIVING EMOTIONALLY DURING A DIVORCE

Divorce is generally a stressful and unsettling event. At minimum, a major relationship is ending, all sorts of routines are upset, and in the midst of the stress of transition there are legal hoops to jump through before things can be resolved. Add in the volatile emotions that are

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TELLING YOUR CHILDREN THAT YOU’RE GETTING DIVORCED 2

One of the most difficult, painful conversations you will ever face is talking to your kids about your plan to divorce. When you know that you will be separating or divorcing, it is important to talk to your kids before they hear it from someone else. Imagine how upsetting

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INTRODUCING A NEW PARTNER TO YOUR CHILDREN

Introducing a new partner to your children can be daunting: there are life-changing implications for all involved. The fallout from introducing your children too quickly to a new love interest can be disastrous. It can cause anguish for everyone, especially your children who may be holding onto the idea

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EDICTAL CITATION – DIVORCING A SPOUSE THAT LIVES ABROAD

Where a spouse lives in another country, a Plaintiff must first approach the Court by way of what is known in law as an Edictal Citation Application. If granted, this gives the Plaintiff permission to serve the divorce Summons on a spouse in a foreign country. Edictal Citation involves

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HIDDEN ASSETS

As unfortunate as it is, men and women tend to take advantage of their spouse during divorce proceedings. One of the most significant issues people run into during a divorce is dividing up their assets — particularly when one seems to be hiding theirs. Unsurprisingly it’s very typical for

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SUBSTITUTED SERVICE – DIVORCING A MISSING SPOUSE

The process of trying to divorce a missing spouse can be exceptionally stressful and frustrating especially when one wants to remarry. If you don’t know where your spouse is, a Summons for divorce cannot be served on him/her in person. In his instance a process known as substituted service

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