Divorce law in South Africa is well equipped to ensure that both partners are dealt with in a fair manner that respects their dignity. Although for some crimes the legal system lets people down, when it comes to a broken marriage the courts seem to adjudicate as fairly as possible. Of course, a separation is far more complicated when there are children involved. Couples who are dealing with their own pain have to think like parents and put their kids first which is not always easy to do. If you are looking for a separation from your spouse, the best advice anyone can give you is to get a lawyer to explain your rights to you, and advise you on the right path to follow.
Many people think that South African divorce laws provide insufficient cover for maintenance for children. Often in a broken marriage kids pick sides and would prefer to live with one parent over another. This does not mean that the mom or dad is best suited to raise children, and in fact the court recognises this. The magistrate or judge who deals with your case will assess the conditions of your separation, and will decide on the best route for all concerned. Although sometimes what is legal may seem like the completely incorrect thing to do it is not without logic and reason which is sometimes difficult for couples undergoing a divorce to mark out.
A broken marriage is extremely painful, and unfortunately this aspect of the separation process is not sufficiently recognised in a court. If you are planning on leaving your spouse, pursue the legal route but also make a space for yourself to attend counselling so that you can be the best parent possible. Do yourself a favour in the mean time and find out your rights in terms of divorce law and where the different courts are situated in Cape Town, Johannesburg, Durban, Port Elizabeth and throughout South Africa.