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The majority of South African divorce within the first five to nine years of marriage, and most are initiated by women.
The most common reason for divorce in South Africa is simply that the couple are adrift, followed closely by drug and alcohol abuse (cocaine is prevalent), physical abuse and unemployment.
In recent years, statistics show that financial problems come to the fore in divorce cases than for the second half of 2007, early 2008, and presentedDishonesty and lack of communication are not mentioned.
Dissolution of marriage
How is it possible, in most countries, the spouses in their marriage by divorce, allowing the parties to resolve the legal again at a later date a new marriage. The process is dependent on the state of marriage. In South Africa, is the rule that a civil marriage - in community of property or community property. African customary marriages are also some marriages.
Civil marriage maydissolved after the divorce law. Customary marriages are dissolved according to civil law, but also according to custom and tradition.
Tackling the issues
Before a petition for divorce, look carefully at your options:
* Can you agree?
* Not a lawyer?
* You can disagree, in order to divide a good thing?
* The maintenance and custody of children?
* What about food?
* What are theCost?
Reconciliation
Most good lawyers will advise the petitioner to provide advice and explore reconciliation before signing for the divorce proceedings, as may be long and expensive, if the parties do not agree.
There are many ways to follow in terms of reconciliation. FAMS providing excellent advice and arbitration for couples who divorce.
The choice of a lawyer
The applicant should ask first, andespecially when a lawyer is needed? If a couple is in agreement with regard to the divorce proceeding on, the petitioner may divorce at the district court of a fee of R120, a copy of marriage certificate, a copy of your ID and your final files divorce papers .
If a couple can not agree on the issues of divorce are in agreement, then it is advisable that legal advice, but remember that you are looking for that every case is different from that of divorce. Ask your lawyer to their specializations, their approach toDivorce - it is tactical or aggressive? Above all, ask them to explain their pricing structure in full in advance.
Can you agree?
When the couple split in asset management, maintenance and custody of minors may be some question the District Court is the easiest way. Usually a 50:50-split is given by the judge in any case, as the fighting front only costs money. Sit and be practical. Both have to start from scratch and what you lose the legal fees could be betteruse.
If you agree, for the drafting and signing of the contract, and both have experienced it and add it to the divorce. (Agreement)
Custody of minor children
The expectations must be agreed before a judge in a divorce. Think about what is best for your children rationally. In most cases the woman is awarded custody, but in general it is rare that a couple agreed that granted custody to the father. African customary law of the father in the ruleis the natural guardian of children.
Regardless of custody arrangement, for an inspection and maintenance is necessary, and where a couple can not or will not agree, the court shall, taking into consideration the duty of all parents support their children, including illegitimate children .
Maintenance problems can be addressed to the maintenance court where the divorce.
Maintenance
E 'rare in South Africa before, dependent children, if theSpouse can prove that they have to earn their livelihood because they can not, a house-spouse/parent been since the beginning of marriage and have no visible means of subsistence.
Maintenance is generally in agreement takes account of the pair for a specified period and concluded with the agreement.
Costs
Sheaths can be very expensive. It is recommended to reduce the divorce petition for the local Magistrates Court, the costs to a minimum. AgreementSettlement, custody and maintenance in advance is the best solution in South Africa because it denies the need for a lawyer and legal fees.
Recent figures showed that the divorce rate last year was the lowest yet, and analysts say, economic insecurity is unhappily married couples reluctant to make use of ways. Few couples divorce during tough economic times because lawyers 'fees' are just too expensive, often more financial problems for the couple, asEnter your new life.
Best Options
Go to your local court and ask for their support. Has meaning, and how efficiently.
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