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
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
One of the most noteworthy issues individuals encounter during a divorce is dividing up their assets. For some individuals the issue is even more precarious especially if one spouse seems to be hiding their assets. It is however quite common for spouses to hide money and assets prior to,
Every marriage and divorce is different. Sometimes, an act of infidelity can lead to a prompt and bitter breakup. Other times, couples just gradually drift apart and eventually realize they’re better off separated. It is common during this process for couples to try to reconcile their differences and try
“Family” as a social unit is the foundation of our society. It provides security and a sense of identity for a child and is the natural environment for the growth and well-being for children. Where for some reason such a relationship is unavailable or fails, society must provide systems
It’s natural to want to make a fresh start after divorce. However, what happens when the primary caregiver parent or a parent who has shared residence of a minor child, or children, wants to move abroad for a fresh start. Legislation for all matters concerning children is governed by
People attending mediation to resolve legal issues are increasingly growing as an appropriate first course of action in legal matters, and recognised as such. From 09 March 2020, when instituting proceedings in the High Court both sides are required by the recently added new Rule 41A of the Uniform
If you or your loved ones need legal assistance, it’s important to remember one thing: being up front and forthcoming with your attorney about the facts of the case is a necessity. Without understanding the complete truth about a case, it’s much more difficult for your attorney to build
