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Filter: Divorce
My practical guide to your divorce

18 August 2020,  Sue-Mari Swanepoel

In my experience as a family law attorney, my client’s mostly want to know what the process of a divorce... entail and what they need to start the process.  This article is therefore a summary of the divorce process and guidelines on what is needed to start the process.  First and foremost, you need to find a family law attorney in your area and make an appointment. Remember to ask the receptionist or legal secretary what the first consultation fee will be, because the fee is usually payable on the day of the first consultation.  

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325
Article
Movement of children during alert level 4?

07 May 2020,  Sue-Mari Swanepoel

The recent conversion from total lockdown to Alert level 4 had a significant change in respect of movement of children.... According to the latest Regulation dated 29 April 2020, divorced parents or co-holders of parental rights and responsibilities in the same metropolitan area or district municipality are allowed to exercise contact rights if they possess a: a. Court Order; orb. Parental plan or agreement that was registered with the office of the Family Advocate; orc. Permit issued by a magistrate where which corresponds with Form 3 of Annexure A, if the documents in paragraph (a) and (b) is not available.

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236
Article
Pension interest and divorce

14 December 2016

I’ve been married for 20 years, but my marriage is in trouble and I’m facing the very real possibility that... I may get divorced soon. My husband has a good pension that we’ve planned to use for our retirement, and I am worried that I will not be entitled to any share of that should we get divorced because we are married out of community of property with the accrual? Will this be the case?

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145
Article
Divorcing a spouse living abroad

08 March 2016

My husband and I have been married for more than 10 years. Our marriage has deteriorated over the last few... years with my husband living abroad for more than two years now. I believe the time has come that we get divorced and continue with our lives separately, but I’m worried about how this will work with him not living in South Africa anymore?

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180
Article
The abuse of trusts in case of divorce: know your rights!

15 June 2015

Trusts are more and more being actively used for estate planning purposes, but the percentage of divorces are also increasing... annually. Protect yourself by being wary of the abuse of discretionary trusts in divorces and by analysing your position and acting as quickly as possible - before it is too late....

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228
Article
Getting married in another country? Be wary of the fineprint!

07 May 2015

As the world gets smaller and smaller, an ‘international wedding’ becomes a greater reality for many couples - from the... beach wedding in Mauritius to the castle wedding in Ireland or the Tuscan wedding in Italy. This international marriage or ‘traveller’s marriage’ may seem romantic, but can quickly turn sour when questions regarding the matrimonial property regime of the parties are raised at divorce or death of a party. Which legal regime governs the marriage: the country where they where married, the home country of a spouse, or the country in which the couple reside? Left in the air, the romantic traveller’s marriage could very well turn into a wearisome ball and chain!

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129
Article
Does a child have a voice in its parents’ legal battle?

14 April 2015

It is often said “parents know best” - but when parents become embroiled in litigation against each other and children... are involved, it can become very difficult for them to set their own interests aside and allow the interests of the child to take preference over their own. This also raises the question of whether a child involved in such a situation, has a voice and a say in decisions being made.  

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121
Article
Claiming maintenance? What you need to know!

06 March 2014

Biological parents as well as the legal guardian of a child have a legal obligation to pay maintenance, in other... words to support the child financially. This obligation includes contributions towards paying for food, clothing, accommodation, medical care and education.

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84
Article
Divorce mediation as an option

22 November 2013

The dissolution of marriage in South Africa is regulated by our Divorce Act and the Matrimonial Property Act. These acts... do not require parties contemplating divorce to enter into divorce mediation. However, our courts have recently started increasing the pressure on legal practitioners to advise their clients to enter into divorce mediation before the parties are to appear in court. This pressure is evidenced in a number of recent judgments made by our courts and reflects a growing sentiment that divorce mediation is an important step in divorce proceedings.

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148
Article

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