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Divorce and separation in Sandton, South Africa, operate under the regulations of the South African Divorce Act of 1979. This law applies to all marital cases within the country. The divorce could be either uncontested, where both parties are in agreement, or contested, where disagreements exist. Either party can initiate a divorce on the grounds of irretrievable breakdown of marriage or mental illness/continuous unconsciousness of a spouse.
Lawyers are needed in divorce and separation cases as their expertise can guide the divorcing parties in understanding their rights, responsibilities, and the likely consequences of their decisions. They can assist in crucial matters such as division of assets, child custody, maintenance (spousal or child support), and more. A lawyer is even more crucial in cases where the divorce is contested, as it could involve court processes.
The local law stipulates that at least one of the divorcing or separating partners must have resided in South Africa for at least a year before the initiation of the divorce process. There's a 'no fault' concept, meaning that a spouse can't oppose a divorce on the grounds that he/she isn't to blame for the marital breakdown. Also, mediation is considered necessary when issues regarding children (custody, visitation, maintenance) cannot be agreed upon.
1. How long does a divorce settlement take in Sandton? Depending on the complexity of the case, an uncontested divorce takes three to four months, while a contested one can take two years or more.
2. Who gets the children during a divorce? Child custody is determined based on the best interests of the child. Co-parenting is encouraged where possible, otherwise the court might grant custody to one parent.
3. What happens to our property after divorce? The division of assets and properties depends on whether the couple is married in community of property (assets divided equally) or out of community of property (assets divided according to a prenuptial agreement).
4. Can I get alimony from my spouse? Maintenance can be claimed for oneself or for children, but this depends on various factors including financial capacities of both parties, their standard of living during marriage, their ages and health conditions.
5. Can a divorce be initiated while one spouse is abroad? Yes, as long as one spouse has been living in South Africa for at least a year.
The Family Advocate's Office can provide information about child custody and visitation rights. Legal Aid South Africa and various non-profit organizations offer low cost or free legal advice and assistance in family law.
If you need legal assistance, seek out a local family or divorce lawyer. Prepare to give them a comprehensive account of your marital history and current situation. Participate in any required mediation and follow all legal instructions carefully. Remember that resolutions in these matters require time and patience.
