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Divorce Law
When
it comes to the divorce law in South Africa you need to be aware of the
procedures and elements which pertain to the divorce law in order to
know exactly where you stand. In South Africa couples who are currently
married and who want to end their marriages can do so through divorce.
This will end the marriage from a legal point of view and the parties
are then able to legally marry again if they wish to do so.
When it
comes to divorce law in South Africa a number of elements are taken
into consideration.
The
divorce process as a whole depends on a variety of factors but mainly
on if the marriage is a civil marriage or a customary marriage. When it
comes to a civil marriage the divorce law says that the marriage needs
to get dissolved in accordance with both the rules as well as the
procedures which are set out specifically by the Divorce Act.
When
it comes to the divorce law, marriages which have taken place in terms
of the African Customary Law work a bit differently. These marriages
are actually dissolved in accordance to the civil law although it is
important to note that some of the elements within this divorce are
determined according to both custom and tradition.
When it
comes to divorce law and Muslim or Hindu marriages, they are actually
dissolved in terms of the rituals as well as the rites of the religion.
In
South Africa when it comes to divorce law and the custody of
your
children, it needs to be decided who will look after the children prior
to the court issuing an official divorce. In this incident the parents
can reach a decision together or alternatively you can leave it up to
the court to decide.
You also need to be aware of the
factor that in terms of divorce law in South Africa, the family
advocate of a the court, is also able to investigate which parent is
best suited to look after the children. When it comes to divorce law
and the interests of the children, you need to be aware of the factor
that the court is able to restrict access if it is felt necessary.
The
divorce law works in a certain way in this country. The process is
fairly simple depending upon the individual circumstances of the
divorce. If you would like the court to issue a divorce for you then it
is imperative that you prepare a summons. The following aspects need to
be included in the summons:
- Which
particular parent shall have custody of the kids?
- The
exact way how the properly will get shared.
- Who
is going to receive maintenance and how much it will be.
- How
the parent who doesn't have the child is going to be allowed to access
the child.
Remember
that if you are able to reach a settlement agreement prior to the
summons being issued then the entire process will be much easier as
well as faster.
Also See: Divorce Help and Divorce Papers
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