disunion in South Africa - Your Best Options

Divorce - disunion in South Africa - Your Best Options

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Most South Africans disjunction within the first five to nine years of marriage and most of those are initiated by women.

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Divorce

The most common calculate sited for disjunction in South Africa is plainly that the couples drift apart, followed closely by drug and alcohol abuse (cocaine use being prevalent), physical abuse and unemployment.

More recently, statistics show that financial difficulties are arrival to the fore in most disjunction cases filed for the latter half of 2007 early 2008 whilst infidelity and lack of transportation are cited less.

Dissolving Marriages

As in most countries, married couples can dissolve their marriage through disjunction leaving the parties to remarry legally again at a later date. The process is dependent on the status of the marriage. In South Africa that is usually a civil marriage - in society of asset or out of society of property. Some South African marriages are also former marriages.

A civil marriage can be dissolved agreeing to the disjunction Act. former marriages are dissolved agreeing to civil law but also agreeing to practice and tradition.

Addressing the Issues

Before petitioning for divorce, look closely at your options:

* Can you reconcile?

* Do you need a lawyer?

* Can you agree an asset split?

* Maintenance and custody of the children?

* What about alimony?

* What are the costs?

Reconciliation

Most good lawyers will recommend the petitioner to seek counselling and discover reconciliation prior to filing for disjunction as the procedures can be lengthy and expensive if both parties are not in agreement.

There are many avenues to supervene in regard to reconciliation. Famsa offer an exquisite counselling and arbitration assistance to couples facing divorce.

Choosing a lawyer

A petitioner needs to ask first and leading if a lawyer is necessary? If a integrate is in business agreement concerning proceeding with a disjunction then the petitioner can file for disjunction at the local court for a fee of R120, a copy of your marriage certificate, a copy of your Id and your completed disjunction papers.

If a integrate cannot agree on the issues of the disjunction then it is advisable to seek legal advice but bear in mind that each disjunction case is different. Interrogate your attorney on their specialisations, their coming to disjunction - is it tactical or aggressive? Most importantly, ask them to figure their fee buildings in full upfront.

Can you agree?

If the integrate can agree on asset split, maintenance and custody of minors then filing at the local court is the easiest option. usually a 50:50 split is awarded by the court anyway so fighting up front only costs you money. Sit down and be practical. You both have to start over and what you lose in legal fees could be put to good use.

If you can agree, draw up the business agreement and both sign it and have it witnessed and attach it to your disjunction petition. (Agreement)

Custody of the minor children

Custody must be agreed before a court will grant a divorce. Consider what is best for your children rationally. In most instances the woman is usually granted custody however it is not uncommon for a integrate to agree that custody be granted to the father. In African former Law the father usually remains the childrens natural guardian.

Irrespective of custody, maintenance and visitation is required to be agreed upon and where a integrate cannot or will not agree the court will decide bearing in mind that all parents have a duty to hold their children including all illegitimate children.

Maintenance issues can be addressed to the Maintenance court once the disjunction is finalised.

Alimony

It is rare in South Africa that Alimony is awarded unless the spouse can prove that they are incapable of earning a living as they have been a house-spouse/parent since the inception of the marriage and have no illustrated means of support.

Alimony is usually agreed by the integrate for a set duration and taken into list with the hamlet agreement.

The costs

Getting divorced can be very expensive. It is advisable to motion for disjunction yourself via the local magistrates court to keep costs at a minimum. agreeing the settlement, custody and maintenance upfront is the best explication in South Africa as it negates the need for an attorney and legal fees.

Figures released recently showed that the disjunction rate last year was the lowest yet, and analysts say economic uncertainty has made unhappily married couples reluctant to part ways. Few couples disjunction during tough economic times because lawyers fees are plainly too expensive, often resulting in supplementary financial problems for the integrate as they enter their new lives.

Best Options

Go to your local magistrates court and ask for their assistance. It is reasonable and just as efficient.

I hope you will get new knowledge about Divorce. Where you may put to used in your life. And most importantly, your reaction is passed about Divorce.