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Prior to the coming into operation of the Divorce Act in South Africa on 1 July 1979, a decree of divorce could be granted by the court either on one of the two common-law grounds, adultery or malicious desertion, or on one of the two grounds introduced in 1935 by the Divorce Laws Amendment Act: incurable insanity for not less than seven years ...
The federal Divorce Act of 1968 standardized the law of divorce across Canada and introduced the no-fault concept of permanent marriage breakdown as a ground for divorce as well as fault-based grounds including adultery, cruelty and desertion. [106] In 1986, Parliament replaced the Act, which simplified the law of divorce further. [107]
Adultery is the most common grounds for divorce. [1] However, there are countries that view male adultery differently than female adultery as grounds for divorce. [1] Before decisions on divorce are considered, one might check into state laws and country laws for legal divorce or separation as each culture has stipulations for divorce. [1]
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 ...
No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. [1] [2] Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.
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 ...
The court upheld the appeal, ordering that the suicide note should be accepted as an amendment to the deceased's will. The determination turned on the so-called condonation clause, section 2(3) of the Wills Act, 1953, which provided that an informally drafted document would be accepted as codicil to a deceased person's will if the document "was ...
The Labour Court, which has status similar to a High Court division, deals with labour law and the relationship between employer, employee and trade union, in particular cases arising under the Basic Conditions of Employment Act (South Africa) the Labour Relations Act and the Employment Equity Act.