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
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
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
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
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
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
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
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
The duty to pay spousal maintenance post-divorce is found in Section 7 of the Divorce Act, 70 of 1979. This duty arises in two ways: Section 7(1) of the Act provides that the court, when granting a decree of divorce, may in accordance with the written agreement between the
Firstly, it must be noted that no, contempt of Court does not relate solely to criminal proceedings nor to criminal behaviour. Contempt of Court applies whenever behaviour exhibits simple disregard of a Court order. Contempt of Court is divided into two categories namely, civil contempt and criminal contempt. In
