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If you're going through a divorce or separation in Johannesburg, it's crucial to understand the local law which is enacted under the Divorce Act, No. 70 of 1979 of South Africa. The law allows for no-fault divorce and accommodates two types of marital regimes - in community of property and out of community of property. The spouse seeking divorce should prove that the marriage has irretrievably broken down or the parties have been living apart for a continuous period.
Divorces and separations can be complex, emotionally charged, and often involve the division of shared assets, finances, and decisions about child custody and alimony. Legal help is commonly sought to assist with these complexities ensuring the divorce process is properly conducted and prevent potential legal issues. A lawyer can provide legal advice based on your unique situation, guide you through the process, negotiate an agreement on your behalf, and ensure your rights are protected.
Under Johannesburg law, divorces can be uncontested or contested. Uncontested divorces are when both spouses can agree on all terms, while contested divorces have disputes that need court intervention. The division of assets is dependent on the marital property regime under which the couple was married. In community of property means assets are divided equally, while out of community of property indicates each spouse maintains ownership of their property. Child custody and support are determined based on the best interests of the child and can be jointly or singularly awarded.
1. How long does the divorce process take?The duration varies depending on if it's contested or uncontested. Uncontested divorces can take a few weeks, while contested divorces can take several months or even years.
2. How is property divided in a divorce?This depends on the marital regime. In community of property is split equally, while out of community of property is retained by each spouse.
3. Who gets custody of the children?Child custody is determined by the court based on the best interests of the child. It can be sole or joint custody.
4. Do I need a lawyer for a divorce?While not mandatory, it's recommended as they can provide legal advice, guide you through the process, and negotiate on your behalf.
5. Can I change my mind after filing for divorce?Yes, you can withdraw your application or halt proceedings if you reconcile.
You can seek guidance from bodies like the Johannesburg Bar Association, Law Society of South Africa, or other NGOs dealing with family law. For disputes involving children, you can approach the Office of the Family Advocate.
If you need legal assistance, start by seeking proper legal counsel. Contact a lawyer specializing in family and divorce law in Johannesburg, arrange a consultation, and discuss your situation. Be prepared to provide all necessary documentation and information related to your marriage and separation.
