The divorce procedure in South Africa is much like it is anywhere else. It involves courts and child custody rights if there are kids, as well as other processes. If you try and cannot fix your broken marriage. And getting a divorce is the only option. Then you have to make sure you have the best attorneys to handle the process.
There are normally lots of papers to fill out and you don’t have to act with anything, but just be yourself. Depending on the grounds, and whether you and your ex are able to settle without too much trouble. You could actually have quite a pleasant divorce.
A broken marriage isn’t something you can predict. Otherwise you wouldn’t have tied the knot in the first place. And the divorce procedure in South Africa wouldn’t be necessary.
South African Divorce Lawyers
There are plenty of attorneys that you can use if you don’t already have one. Otherwise the courts may appoint one to you. Once you’ve dealt with the documents and the child custody rights, the process does get a little easier.
The courts will determine whichever act you follow. And the grounds under which it follows will also depend at the time. This is a process that takes time, so do not think that it will be over very soon.
Getting a divorce is traumatic enough, therefore a lengthy, unpleasant process doesn’t help. However that is sometimes what it comes down to. Of course you would like it to be as pleasant as possible. And in order for you to do that you and your ex will have to come to some agreements out of court, as this will definitely make it easier.
However, if one of you doesn’t agree to something, it can make the process longer, harder and way more traumatic. You need to follow the divorce procedure in South Africa properly if you want a smooth divorce.
Divorce Procedure in South Africa Involving Children
Where there are children a lawyer will advise that parents settle disputes outside of family courts. Which is usually in the best interests of everybody. Separate maturely and in an adult manner. And this should certainly be the goal for a couple that are separating and have a child or children from that marriage.
A civil marriage dissolves according to the rules of the Divorce Act. Whereas couples who are married in terms of African customary law may have some consequences determined by tradition and African custom.
Perhaps the biggest issue of those going through divorce in South Africa is the custody of children. Questions arise like who is going to be the parent responsible for looking after the children. And who takes care of them on a regular basis.
If disputes arise over this then lawyers will advise and if parents cannot agree then the court will decide who gets custody. The parent who does not get custody will in most cases still want to be a part of their children’s lives. Therefore, both parents will have to agree for access and visiting rights.
The court will rule restrictions on access if it is not in the children’s best interest for the other parent to have access rights.
Property will get split up between the separating couple normally in an ante-nuptial agreement or pre-marital contract.
Divorce in or out of Community of Property
If the marriage is ‘in community of property with accrual’, both parties share everything. Including all property and debt.
‘Out of community of property without accrual’ will allow both people to keep what they owned before the marriage and whatever they earned during.
If the marriage is ‘out of community of property with accrual’ then each person gets to keep what they owned before marrying. But both parties share what has been accumulated over the course of the marriage.
In the case of default, the laws that were in place when a couple got married will apply to those wanting a divorce in South Africa.