Commonly asked questions about divorce in South Africa. The South African Courts are granting divorces to people on a daily basis. Some divorces were initiated a few weeks ago, and others go back several years. The distinction between couples who obtained a divorce in a matter of weeks and those who waited for years is straightforward. Those who chose to wait a few weeks realised that fighting was futile, and by getting divorced sooner, they could move on with their lives more quickly. Our unopposed divorce service If your marriage has broken down and you and your spouse agree to get divorced, talk to us about your uncontested divorce options. We guarantee that your divorce will be resolved swiftly and with minimal stress and anxiety. Here are some frequently asked questions about divorce. If you have any particular questions, don't hesitate to schedule a consultation with us. What are the costs of an unopposed divorce? The costs of an unopposed divorce would vary. That would depend on the law firm and the issues involved. We offer an unopposed divorce at a fixed fee. What questions to ask when considering divorce? The most important question to ask when considering divorce is whether your marriage can be saved. If ...

Child custody, guardianship and visitation (parental responsibilities and rights) - What do I need to know should I be going through a divorce or separation? Although it is not ideal, it often happens that parents divorce or break up. Their romantic or spousal relationship may have come to an end, but their co-parenting relationship continues if they have a child together. They need to be the best co-parents possible for their child. This should be the case despite their failed marriage or relationship. Sadly, sometimes the civility the parents had for each other does not transcend beyond their divorce or separation. Some parents in this situation have unresolved issues. It then often happens that the child becomes a victim of the conflict that ensures. They often use the child as a pawn to settle unresolved differences. This situation is not in the child’s best interest. What follows are five things that parents should know when it comes to a divorce or separation. This is especially important if there are young children involved. Number 1: The Child’s best interests are of paramount importance. In all matters concerning a child, his or her best interests are of paramount importance. Therefore, the law does not focus on what is best ...

Best advice on finding a top divorce lawyer for your divorce case in Claremont, Cape Town Do you live in Claremont, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Claremont or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for ...

Divorce process step by step Our law offices boast a professional legal expert in divorce, child maintenance, child custody and other family legal matters. Our consultancy thrive to bring you professional legal services that's easily accessible through our website. Feel free to click on the links below and find out more about our legal expertise: Basic Divorce Guide - Western Cape High Court Divorce Notice Of Set Down - Cape Town High Court Cape Town Divorce Particulars Of Claim Western Cape High Court Cape Town Do Your Own Unopposed Divorce. No Lawyers Needed. Free Online Divorce Assistance Form DIY South Africa - frequently asked questions for divorce Summons Divorce Western Cape High Court Cape Town Twenty One (21) Uncontested divorces in the Western Cape High Court today. Divorces can be a tough legal battle for many because a lot is at play when there are children involved. During our years of experience, we often found that additional legal problems arise – such as child custody and child maintenance which opens a whole new can of worms. For a professional legal consultation, contact our law offices on 021 424 3487 and have our friendly receptionist make an online appointment for you. Secure your one on one legal consultation today! ...

Uncontested divorces - Notice of Set Down for undefended and uncontested divorce matters - The document used to place your divorce on the divorce court roll Undefended, unopposed or uncontested divorce cases are what all divorcing couples should strive towards. If the marriage broke down completely and there is no possibility of saving it, then why fight any longer? If both parties act fairly, there is no need to spend thousands of Rands on legal fees. That money can be used on starting a new life. If there are minor children involved, then the money saved in avoiding litigation can be used on them. At the end of the day, no one really benefits from a long drawn out or protracted contested divorce process. What is the simplest divorce? The simplest divorce is when the parties are married out of community of property and profit and loss, with the exclusion of the accrual regime. What this means, it that whatever property a spouse owns during the marriage, still belongs to him or her after the marriage. There is also no need to pay the other spouse any amount after the divorce as an accrual. The simplest divorce would also require there to be no minor children born ...

My husband and I are separated, and we are planning on getting divorced. How do I deal with the emotional aspect of my divorce seeing that we have children together? Dealing with the emotional aspects of a divorce can be challenging, but there are several strategies and coping mechanisms that may help you navigate this difficult time. Keep in mind that everyone's experience is unique, so it's essential to find what works best for you. Here are some suggestions: Allow Yourself to Grieve: Understand that divorce is a loss, and it's okay to grieve. Give yourself permission to feel a range of emotions, including sadness, anger, confusion, and even relief. Seek Support: Reach out to friends, family, or a therapist to share your feelings and experiences. Having a support system can provide comfort and understanding during this challenging time. Take Care of Your Physical Health: Pay attention to your physical well-being by maintaining a healthy diet, getting regular exercise, and ensuring you get enough sleep. Physical well-being is closely linked to emotional well-being. Establish Routine and Structure: Creating a daily routine can help bring a sense of normalcy to your life. Having structure can provide a sense of stability during a period of upheaval. Set Realistic Expectations: ...

DIY Divorce in Cape Town, Western Cape Complete the free online divorce form below to assist you with your unopposed divorce. View the following related pages: Free DIY Online Divorce Guide and Form A divorce guide in PDF format A Sample Summons in Word format A Particulars of Claim in Word Format A notice of Set Down in Word Format COMBINED SUMMONS IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) Case no.: JOHN WILLIAMS (PLAINTIFF) (Identity Number: 0000000000000) And JANE WILLIAMS (DEFENDANT) (Identity Number: 1111111111111) __________________________________ TO THE SHERIFF/HIS DEPUTY: INFORM JANE WILLIAMS an adult male/female, residing at 1 Apple Street, Apple Town, Western Cape Province (hereinafter referred to as the Defendant); that JOHN WILLIAMS an adult male/female, residing at 4 Green Street, Greenland, WESTERN CAPE, (hereinafter referred to as the Plaintiff), hereby institutes action against him/her in which action the Plaintiff claims the relief on the grounds set out in the particulars of claim annexed hereto; INFORM the Defendant further that if he / she disputes the claim and wishes to defend the action he/she shall:- (a) within 10 (TEN) days of the service upon him/her of this summons file with the Registrar of this Court at Keerom Street, Cape Town a ...

Best advice on finding a top divorce lawyer for your divorce case in Wynberg, Cape Town Do you live in Wynberg, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Wynberg or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for ...

Free DIY Online Tools to get Divorced, apply for Child Maintenance, and other Free Legal Resources Knowing the law is one thing, but knowing how to enforce and apply it, is another story. We all know parents should pay child support; the law says so. But what do you do if a parent refuses to pay? This page assists in three (3) aspects of family law. The first is regarding Divorce, then Child Maintenance, and the other, is that of contact to your child during the holiday season. We advise that you use the services of a legal practitioner to assist you in your divorce matter or application for contact with your child. However, legal services cost money, which is not always available. Should you decide to make use of the resources provided in this post and this website, we strongly advise that you obtain legal advice before proceeding. Do your own divorce If a marriage has broken down, and there are no reasonable prospects of restoring the normal marital relationship, a divorce may be the best solution. Having said that, there are certain proprietary and parental issues that need to be tabled. For example, what happens to the kitchen table, who sees the children, where and ...

I am concerned about my niece's wellbeing. Is it possible for me to obtain rights of custody and guardianship over her? The parents are still alive but divorced. We often receive enquiries from family members of minor children wanting to know whether they can obtain rights of custody or guardianship over a minor child. The client could be a grandmother, an aunt, or in some instances, a former step-parent. Let us take you through a scenario where an aunt wishes to obtain sole custody and guardianship over a minor child. Should you be an interested party wishing to obtain parental responsibilities and rights over a minor child; feel free to contact us for a legal advice consultation. The scenario: The minor child is being primarily cared for by the paternal aunt The parents of a minor child, age 16, are married and living together. The minor child, who is in grade 10, frequents the home of her paternal aunt. The parents live very busy lives, and often have to travel overseas on separate business trips for extended periods. The minor child sometimes doesn’t see her parents for weeks on end. Nonetheless, she is well cared for by her aunt, during the week, and on most weekends, and ...

Free DIY Online Divorce Guide and Court documents - High Court, Cape Town, Western Cape This article deals with uncontested divorces in the Western Cape High Court, Cape Town, for marriage In Community of Property. It further provides legal guidance on doing your divorce, with an online divorce. These free divorce resources relate to divorces in the Western Cape instituted from the High Court. Other courts may follow similar practices. It is suggested that you consult with a legal practitioner before instituting divorce legal proceedings, especially if there are minor children and a large estate involved. If you require assistance or legal represenation in a divorce in any Court in South Africa, feel free to schedule a consultation with using the online form further below. Online Divorce Form The online divorce form is provided below to kick start the divorce process. After completing the form, and pressing "submit", our online system will send you an email with the information you provided, as well with links where you may download the following: A divorce guide in PDF format A Sample Summons in PDF format A Particulars of Claim in PDF Format A notice of Set Down in Word Format  Marriages ending up in divorce When the marriage ...

Do you own Divorce (DIY) No lawyers needed! If you want to get divorced from your spouse, I strongly advise that your approach a legal practitioner, or an attorney to attend to it on your behalf. This I would implore even more under the following circumstances: There will be a dispute over care and visitation rights over the child/children One of the parties will be applying for forfeiture of patrimonial benefits from a marriage in community of property; The joint estate is huge or complicated; or The other party will be making use of legal representation. If, however, you would like to know the general procedures on how to go about a divorce, they are listed summarily below. There are many rules that regulate divorce processes and the summary below does exclude certain of them. These include exceptions, strikeouts, compelling compliance, service addresses etc. Other matters incidental to divorce proceedings, e.g. interim arrangements, pending the divorce regarding maintenance for you or your children and care and contact regarding children are not dealt with. Therefore, please consult a legal practitioner or the divorce court throughout your divorce process should you decide to do the divorce yourself. Summons and Particulars of Claim A summons needs to be drafted which ...

Divorce Court Cape Town Divorce is an emotional, whip-lashing experience for every family. Each divorce is governed by its own set of rules and values. Many times, the manner in which a divorce is settled is influenced by tradition and religion. Having said that, a Hindu couple for instance, may get married by a Priest and a Muslim couple may get married by an Imam. Even so, due to the complex nature of child custody and child maintenance matters, these couples may have to settle matters in court. Divorces are most likely to take place in the High Court.  This can be a dreadful, costly process – needless to say a legal drag caused by pending divorces on court rolls waiting to go on trial. Fortunately, the Regional Court of the Magistrate Court also deals with divorces which lessens the divorce cases dealt by the High Court. Uncontested divorce in South Africa There are two types of divorces which calls for different divorce processes: Contested or opposed divorce and the uncontested or unopposed We are able to have your uncontested / unopposed divorce done in as little as four weeks without the whole legal drag. A contested divorce on the other hand, can take years. An uncontested ...

People going through divorces have many questions. Some we can expect, and others are very surprising. Read on to learn more about divorces and the questions people ask. How much does a divorce cost in South Africa? The cost of a divorce varies from case to case and client to client. If a divorce is undefended or agreed upon,  then the cost would be significantly low.  However,  should the divorce be contested where the parties cannot agree on the terms of the divorce,  then, under those circumstances, the ultimate cost can be very high. Factors to consider would be how many issues there are to be resolved, the number of court days required, and preparation time. In the end,  the more time that is spent on a divorce matter by lawyers, the more it would cost the client. Where can I get free legal advice on divorce in South Africa? There are many places where a person may obtain legal advice on divorces in South Africa.  Some places offer free initial consultations.  Then there are places like the Legal Aid Board or a Legal Resources Centre that would be of assistance at no charge or a minimal fee.  There are also non-governmental organisations and University law clinics ...

Best advice on finding a top divorce lawyer for your divorce case in the Waterfront, Cape Town Do you live in Waterfront, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Waterfront or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate ...

What are my rights as a Muslim Spouse in South Africa with regard to property and children? I want to divorce my spouse. Does South African Law protect my rights to property and children? Muslim Marriages concluded in the traditional sense are not the same legally as a marriage concluded in terms of South African law. For example, in terms of the Marriage Act 25 of 1961. There have been cases dealing with this problem, a prominent one being Women's Legal Centre Trust v President of the Republic of South Africa and Others (CCT 24/21) [2022] ZACC 23; 2022 (5) SA 323 (CC); 2023 (1) BCLR 80 (CC) (28 June 2022). However, despite a person being married in terms of Muslim Rites, you still have the protection of the South African laws. This article deals with your rights regarding property and minor children. What are my property Rights? Parties married in terms of Muslim Rites are deemed to be married out of Community of Property without the accrual regime. Basically, what this means is that each party owns his or her own property during and after the marriage. There will be no automatic sharing of assets after the marriage unless there is another legal basis, therefore. Parental ...

Best advice on finding a top divorce lawyer for your divorce case in Camps Bay, Cape Town Do you live in Camps Bay, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Camps Bay or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney ...

Could you provide me with an explanation of how a quick divorce works and what steps are involved in the process? If your marriage is irreparably broken, divorce may be the most practical solution. However, if there is still a chance of reconciliation, divorce may not be the optimal choice for you and your family. You may want to consider trying marriage counseling, having open communication, or seeking guidance from a religious authority to try to save your marriage. If all attempts fail, seeking advice from a legal professional can help you finalize your divorce. How does a quick divorce work? A quick divorce can be finalized in a few weeks when both spouses agree on the divorce and proceed on an uncontested basis. Meeting with an attorney and advocate to draft necessary papers initiates the divorce process. The steps to follow are simpled: Meet with the advocate or attorney, draft the settlement agreement, issue the divorce summons, serve the summons on the defendant, set the divorce down for hearing, and get divorced at court. Searching for a good divorce lawyer When searching for a good lawyer, it is important to do your research and consider a few key factors. Start by asking friends or family members ...

Best advice on finding a top divorce lawyer for your divorce case in Somerset West, Cape Town Do you live in Somerset West, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Somerset West or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney ...

I am searching for the top divorce attorney or advocate in Cape Town, South Africa. How do I find the best divorce lawyer in Cape Town? There are a few ways to find the best divorce lawyer in Cape Town. One option is to ask for recommendations from friends or family members in Cape Town who have gone through a similar experience. Another option is to search online for divorce lawyers in Cape Town and read reviews from previous clients. You can also check with the law associations to find reputable lawyers in Cape Town. It's essential to do your research and find a lawyer who has experience and expertise in divorce law to ensure that your case is handled correctly. How do I find the best lawyer for my divorce in Cape Town? Finding the best lawyer for your divorce in Cape Town can be a complex and overwhelming process, but there are a few steps you can take to help ensure that you find the right one. Here are some tips: 1. Do your research: Start by researching divorce lawyers in your area or in Cape Town. You can do this by looking online, asking for recommendations from friends or family, or checking with your ...

Divorce Questions and Answers Update: We introduced this Divorce Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know how to get divorced fast; post a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Divorce; please proceed and reply to their comments. In that manner, we would all be able to assist each other and increase our online knowledgebase. Therefore, although we are legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share our knowledge of Divorce. There are various other family law resources on this website that you may find useful. For example, there is a downloadable child maintenance calculator. The resources may assist you with whatever questions you have, or information you require on Divorce. Therefore, after posting your question, or any time after, have a look at the useful resources and information on our website. Some of these resources are listed hereafter. Articles and Q&A There is a range of legal articles on this website dealing with various family law issues. Some of these articles are ...

Divorces – Is it possible to increase my chances of getting a fair outcome? Here are some Tips and Tricks to assist you. Divorce cases can be straightforward or riddled with issues. Not only legal issues but also emotional issues, especially when there are children involved. What about the proprietary aspects of your marriage? Well, that is the easy bit. If parties are married in community of property, there should not be much to argue about. The law is the law. Each party should get what the law says they are entitled to - in this case, an equal division of the joint estate. Click here to find out how to attend to your own unopposed divorce. Divorces should be straightforward and simple, but this is not always the case. In our view, the simplest divorce would be when the couple married with an ante-nuptial contract. They excluded community of property and the accrual regime. Furthermore, there are no minor children born from the marriage. In such a case, all that is required is a decree of divorce. However, if there are minor children involved, then the parties may be at loggerheads as to who should have custody, or how visitation should be exercised. Then there is ...

Best advice on finding a top divorce lawyer for your divorce case in Parow, Cape Town Do you live in Parow, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Parow or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for ...

I am going through a messy divorce. I require a law firm to assist me in my divorce matter. What are your contact details? If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details: Tel.: 021 111 0090 Email.: [email protected] The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows: High Court matters Civil claim surrounding money; Interdicts; Divorces (Opposed and unopposed); Child Custody and guardianship disputes; Relocation of minor children; Various criminal matters; Minor children surname changes; Appeals and Reviews; and Other matters. Magistrates Court matters Civil claim surrounding money; Various criminal matters; Interdicts; Maintenance Court matters; Divorces Court matters (Opposed and unopposed)’ Children’s Court matter; and Other matters. Constitutional Court Appeals Supreme Court of Appeal Appeals and Reviews We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg ...

Divorce - Questions and Answers on the Process and Procedure Divorces signify the end of marriages. However, it can also be seen as a beginning of a new life. Once a couple has tried everything to save their marriage, to no avail, a divorce is an inevitable consequence. With divorces, comes the law. Only a court can legally divorce you. And because of this, people have many questions on the divorce procedure and process. This post is intended to assist parties whose marriage had irretrievably broken down by answering frequently asked questions on divorces. Due to the nature of legal matters, it is best to make use of an attorney or get the advice of a legal professional when dealing with a divorce. However, we intend giving you a general overview of the divorce process below with the assistance of Adv. Muhammad Abduroaf. Family Law Questions and Answers Should you not find what you are looking for, feel free to post your questions on our blog, by clicking on the following links: Divorces – Questions and Answers Child Custody – Questions and Answers Child Maintenance – Question and Answers Domestic Violence – Questions and Answers You are welcome to call us on 021 424 3487 / For other legal ...

Uncontested divorce in South Africa First of all, what is an uncontested divorce? An uncontested divorce occurs when both parties agree to the divorce. This type of divorce is quicker, less expensive, and simpler. A formal trial is not necessary, but legal guidance may still be necessary. Other factors, such as child custody, child support, and asset division, may be relevant to the divorce but do not necessarily slow down the process. The legal expert must assist the parties in reaching a legal agreement. For professional legal consultation, contact our law offices on 021 111 0090 and have our friendly receptionist make an online appointment for you. Secure your one-on-one legal consultation today! Simply click on the link below and download our free divorce product toolkit below: Free Divorce Tool Kit How long does a divorce take in South Africa? This a common question we’re often faced with when dealing with divorce matters. Unfortunately, some divorces are more complex in which the other party is not co-operating and refuse to agree to a divorce. Under such circumstances, the divorce can unfold over years depending on the nature and circumstance of the matter. Contested or opposed divorces on the other hand, are when both parties are not in ...

Gay and Lesbian (Same-sex) Divorces in South Africa - How does it work? As with any marriage, relationship or romantic partnership, there is no guarantee that it will last until death do you part. For a marriage, a divorce is what is needed if the marriage has irretrievably broken down. Much has been written on the issue of divorces in relation to heterosexual marriages where the Marriage Act find application. The same applies to customary marriages. What about same-sex, or gay and lesbian couples who are married and want to get divorced? Does the law cater for such marriages? And how are they different from heterosexual divorces. Before we deal with the dissolution aspect of a same-sex marriage, let us first deal with the validity and legality of the same-sex marriage itself. What are same-sex marriages? This sounds like a simple question. However, without presuming too much, let us unpack the law. Here we will look at the Civil Union Act 17 of 2006. It is this Act of Parliament that made same-sex marriages legal in South Africa. Civil Union Act, 17 of 2006 According to the Civil Union Act, a "civil union" means the voluntary union of two persons who are both 18 years of age ...

International Family Law matters, applicable to South Africa Divorces are not only limited to people living in the same country. Often, you will find that one spouse lives in South Africa and the other in a different country. They want to get divorced but do not know how to go about it. The question now is, which country and which court should divorce them? We regularly receive these types of queries from people living in the Middle East and the United Kingdom. The same problem arises in the case of parents living in different countries, but there are complications regarding contact and access to their minor children. Let's say, one parent, lives in Cape Town and the other in Taiwan. How does the parent living in Taiwan enforce his contact rights to his child in South Africa? Does he or she approach the court in Taiwan? Or should he or she approach the Court in South Africa? And Lastly, there is an issue regarding child maintenance. What happens in the case where one parent lives in Cape Town and the other in New York? How does child maintenance work? Can the parent living in Cape Town with the children obtain a maintenance order against a parent in ...