Learning from experience

Case Study: Divorce Law

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DIVORCE ATTORNEY

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

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UNCONTESTED DIVORCE

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

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SPOUSAL MAINTENANCE

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

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DIVORCING YOUR SPOUSE WHEN THEIR WHEREABOUTS ARE UNKNOWN

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.

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BREAKING THE GRIDLOCK OF DIVORCE SETTLEMENT

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

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THE 3 TYPES OF DIVORCE IN SOUTH AFRICA

THE 3 TYPES OF DIVORCE IN SOUTH AFRICA

There are essentially 3 types of divorce in South Africa. The types of divorce procedure profoundly affects the practical matters of: How long the divorce procedure will take to finalise How much the divorce procedure will cost Divorce is one of the most powerfully stressful experiences that humans can

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HOW TO NOT LET MONEY RUIN YOUR HAPPY MARRIAGE

HOW TO NOT LET MONEY RUIN YOUR HAPPY MARRIAGE

Money is a huge factor in life and especially in marriage, it is one of the most common reasons for divorce or for issues in marriage, which most of the time could be avoided if it had been dealt with better or if the other spouse had been more

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REBUILDING YOUR FINANCES AFTER DIVORCE

Divorce is one of the most traumatic events a person can go through. It invokes emotions such as hurt, anger and disappointment that are hard to control, and it can take a long time to recover fully. Everyone knows how frustrating and emotionally difficult divorce can be, but often

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EVICTING YOUR SPOUSE FROM THE MARITAL HOME

The home that a couple lives in during their marriage is called the matrimonial home. Sometimes, when couples separate or are getting divorced, one party wants the other spouse to move out.Can one spouse evict another from the home? The short answer is no. Irrespective of whether you are

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