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Divorce (or the dissolution of marriage) in South African law refers to the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between a married couple. Divorce is unlike annulment, which declares the marriage null and void. Divorce requires the ...
It may be a final order (one that concludes the court action), or an interim order (one during the action). Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by the judge in open court, and are only reduced to writing in the transcript of the proceedings.
A court has the jurisdiction to hear a divorce if either of the spouses is legally domiciled within the geographical jurisdiction of the court, or if either spouse is "ordinarily resident" (i.e. normally lives in) the jurisdiction and has been ordinarily resident in South Africa for at least a year. Divorce of same-sex couples is subject to the ...
South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. [1] It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife (including the parties to a civil union); (ii) parents, guardians (and ...
The Constitution of the Republic of South Africa, 1996, as the supreme law of the Republic, provides the overarching framework for civil procedure; [6] the Constitution has been responsible for significant changes to civil procedure since its inception in the 1990s, as in, for example, debt collection matters, [7] access to the courts [8] and prescription, in particular with respect to ...
To mitigate this risk, consider including a clause in the divorce decree that the home must be put up for sale immediately if the responsible party doesn't pay on time.
One, on the loan application there are questions that ask you if you're obligated to pay child support or alimony and also if you've ever obtained credit under any other name.
The Constitutional Court is the final court of appeals for all matters (no longer limited to constitutional matters only), and its decisions are binding on all other courts in South Africa. It has the power to make the final decision on the constitutionality of an act of Parliament or of a provincial legislature; while a High Court or the ...