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Divorce and separation in Kimberley, South Africa, is governed by the Divorce Act, 70 of 1979, which applies to marriages solemnised under the Marriage Act, Customary Marriages Act, as well as the Civil Union Act. The purpose of the law is to dissolve relationships ethically and justly, addressing aspects like child custody, division of property, and maintenance. It's important to note, however, that the legal conditions and consequences of separation and divorce differ substantially.
In instances of separation and divorce, it’s often advisable to consult with a lawyer for a variety of reasons. First, legal professionals can provide guidance and clarity on complex legal processes. Second, they can advocate for your best interests, especially concerning child custody, division of assets, and spousal support. Third, lawyers can ensure that all paperwork is filed correctly and within the necessary timelines, preventing future complications. Lastly, dealing with a divorce or separation can be emotionally taxing, and having a lawyer allows you to focus on your well-being.
The key aspects of local laws relevant to Divorce & Separation in Kimberley include the grounds for divorce, which are irretrievable breakdown of marriage and mental illness or continual unconsciousness. Other aspects pertain to the division of assets, child custody and spousal support. South Africa follows the “no fault” principle, meaning a divorce will be granted if the court is convinced that the marriage has broken down beyond repair. The court considers many factors in deciding the division of assets and child custody, such as the duration of the marriage, the contribution of both parties, and the best interest of the child.
The length of a divorce process in Kimberley can vary greatly depending on factors such as the complexity of the case, whether the divorce is contested or uncontested and how busy the courts are. Generally, an uncontested divorce can take somewhere between 4 to 6 months, while a contested divorce can take a year or more.
A divorce process in Kimberley begins with the issuing of a Summons, which is a document that serves to start divorce proceedings. The Defendant (other party) will need to be served with the Summons and will need to respond within the stipulated timeframe. If the divorce is not contested, the matter might proceed on an unopposed roll. In contested matters, the process can include discovery of documents, mediation, briefing of experts and trial.
The division of assets generally depends on the marital property regime under which a couple is married. South Africa recognises marriages in community of property, marriages out of community of property with accrual and marriages out of community of property without accrual. Depending on the marital property regime applicable, a court can evenly split assets or consider factors such as contribution to the marriage, both financial and otherwise, and future earning capacity of both parties.
Yes, you can. This is known as a DIY divorce. However, when children and substantial assets are involved, it can get complex and it's advised to get a lawyer.
The best interest of the child is paramount in any decisions related to child custody and maintenance in case of a divorce. Both parents are responsible for maintenance of the child irrespective of who the child lives with. Joint custody can be granted where it's in the best interest of the child.
The Department of Justice and Constitutional Development and Legal Aid South Africa provide numerous resources on divorce proceedings in South Africa. They offer guides, advice, and contacts of pro-bono (free) legal services, particularly for those who cannot afford a private attorney. Other resources include various Non-Profit Organisations (NPOs) that offer support, counselling and legal advice to families undergoing divorce or separation.
If needing legal assistance with divorce or separation in Kimberley, you should contact a local attorney specializing in family law. Make sure to gather all necessary documents such as marriage certificates, contracts, asset inventories, and information on children, if applicable. It is important to be open and sincere with your attorney to ensure they can fully understand and represent your interests. Lastly, remember that both support and understanding are essential during this challenging period, so seek counselling if necessary.
