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TERMINATING AN ENGAGEMENT – BREACH OF PROMISE TO MARRY

In order to enter into a valid engagement contract the requirements which first need to be met are the following: Both parties must be 18 years of age or older. Minors under the age of 18 will require their parents or guardians consent to marry, and in some instances

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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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ADDICTION AND HOW IT CAN AFFECT YOUR CASE

A child’s best interest is paramount. When deciding how parents will share parental responsibilities and rights, Courts strive to ensure that a child’s health, safety, and welfare come first. While casual and infrequent use of alcohol may not be a factor, an ongoing addiction to drugs or alcohol can

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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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CHANGING YOUR SPOUSAL MAINTENANCE OBLIGATIONS

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

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FAILURE TO COMPLY WITH A COURT ORDER

FAILURE TO COMPLY WITH A COURT ORDER

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

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ADULTERY AND DIVORCE

Adultery has always been an enormous factor which leads to the breakdown of many marriages. It alienates spouses from each other, creates issues of trust, an unhealthy living environment and in most instances a broken family unit.  Previously, an innocent spouse was able to bring an action for damages

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