Child custody disputes during the Covid-19 pandemic and the Lockdown – What impact did the National Lockdown have on it?

With three months into the national lockdown, no one will dispute that it had a profound effect on all aspects of daily life. The same would apply to marriages, family relations and co-parenting to mention a few. A lot has been written on the topic of the movement of children during the lockdown. At the start of the lockdown, the movement of children was prohibited. The child had to remain with the parent with whom he or she was with at the start of the lockdown. A few weeks into the lockdown, things changed. Children could move between parents if there were a court order, parental rights and responsibilities agreement or parenting plan registered with the office of the family advocate. Later, things further developed where the magistrate’s permit came into play. Read more above the changes to the regulations over time by clicking on this link. You would find an extensive overview of the history of the movement of children during the lockdown.

Have child custody disputes increased three months after the start of the lockdown?

One would be a fool to say that all things are the same three months after the lockdown when it comes to parental problems. At the start of the lockdown, Our Lawyer (Pty) Ltd received a lot of queries regarding regulations concerning the movement of children. This was so especially during the first few weeks. However, looking at various analytics, including the number of queries received on its blogs, and email and telephone queries, it would seem that the numbers have not increased much if any. This is a broad assumption, and not based on any empirical data. Those numbers are in contrast to that of child maintenance disputes which have always been high during the lockdown.

What can be said about this assumed drop in numbers?

Considering the Covid-19 pandemic, and its associated lockdown, children and parents were at home for an extremely long time. Many children are still at home and some parents did not go back to work. Furthermore, many nannies are not there to assist. During times like these, parents would set aside their differences and find common ground. If a parent decided not to allow the other parent contact, it would mean that he or she would have to care for the child the entire day and night for very long periods. This is so as the child would not be attending school and would have to be cared for and entertained the entire day. This is not only exhausting but expensive as well.

Moving forward during the lockdown

Although the economy is slowly spinning its wheels, and children are returning to school, now more than ever, parents must work together for the sake of their children, and their own sake. With jobs being lost and money being scarce, personal differences need to be put aside and the situation needs to be looked at clearly and rationally. It would be hard for a parent to care for a child alone during the lockdown, especially if there is assistance available. Having said that, parents should continue to adequately maintain their children during this period, and ensure that all their basic needs are met.

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Posted on 11 February 2025 by Telelaw

Child custody disputes during the Covid-19 pandemic and the Lockdown – What impact did the National Lockdown have on it?

A lot has been written on the topic of the movement of children during the lockdown. At the start of the lockdown, the movement of children was prohibited. The child had to remain with the parent with whom he or she was with at the start of the lockdown.

A few weeks into the lockdown, things changed. Children could move between parents if there were a court order, parental rights and responsibilities agreement or parenting plan registered with the office of the family advocate. Later, things further developed where the magistrate’s permit came into play.

Read more above the changes to the regulations over time by clicking on this link. You would find an extensive overview of the history of the movement of children during the lockdown.

Have child custody disputes increased three months after the start of the lockdown?

However, looking at various analytics, including the number of queries received on its blogs, and email and telephone queries, it would seem that the numbers have not increased much if any. This is a broad assumption, and not based on any empirical data. Those numbers are in contrast to that of child maintenance disputes which have always been high during the lockdown.

What can be said about this assumed drop in numbers?

During times like these, parents would set aside their differences and find common ground. If a parent decided not to allow the other parent contact, it would mean that he or she would have to care for the child the entire day and night for very long periods. This is so as the child would not be attending school and would have to be cared for and entertained the entire day. This is not only exhausting but expensive as well.

Moving forward during the lockdown

It would be hard for a parent to care for a child alone during the lockdown, especially if there is assistance available. Having said that, parents should continue to adequately maintain their children during this period, and ensure that all their basic needs are met.

Should you require business advice or services, feel free to click on these links:

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[caption id="attachment_7078" align="alignleft" width="246"] Advocate Muhammad Abduroaf – Advocate of the High Court of South Africa[/caption]

ABC guide to applying for Child Support/Child Maintenance

Child Maintenance Guide: Written by Advocate Muhammad Abduroaf The procedures to be followed in instituting a complaint for child maintenance are regulated by the Maintenance Act 99 of 1998. Below is a simple “ABC” guide to get you started in claiming maintenance for yourself, your children or dependents. This I wrote in order to encourage people to claim needed maintenance for their children or for themselves. Remember, the Maintenance Court would be more than happy to assist you with whatever other legal queries you may have. Before I deal with the simple steps that should be followed in claiming maintenance, I shall first deal with the following question:

Q: From whom may maintenance be claimed?

A: Maintenance may be claimed from persons who have a legal obligation to maintain you. For instance, children can claim maintenance from their parents or a wife from her husband and visa versa. Seeing that children are minors, they are assisted by their parent or guardian through the maintenance process, but in actual fact, it is the child who is claiming. For the purposes of the steps below, I shall structure it as if a parent or guardian is claiming maintenance on behalf of the child.

Income and Expenses – Step 1 …

Get hold of all your proof of income. E.g. pay slips. If you are not working for an employer, you should get hold of proof that you earn a certain amount of money per month. If you are unemployed, that is in order. Get together a list of all monthly expenses incurred for yourself and your children. This would include rent, groceries, clothes, entertainment, etc. This information is required when filling in the maintenance application form that is dealt with in Step 2 below. Find out all the details of the person from whom you are requesting maintenance. For example, his/her home and work address and identity number.

Visit the Maintenance Court – Step 2 …

Go to the Maintenance Court closes to your area and obtain an “Application for Maintenance Order Form” also referred to as “Form A”. Use the information you have gathered in Step 1 and fill in the form. The form is in the form of an affidavit and you, therefore, have to swear to the correctness of the information under oath and sign. Therefore, do not hide any information for the Court. Caution: If your information is not 100 % correct, you may be cross-examined on such correctness in Court and if it is found that you were not totally honest, this would not be in your favour. If you require any assistance in filling in the form, the maintenance officers would be happy to assist you. Once you have filled in the Application for Maintenance Order Form, return it to the maintenance officer who will process it for you. If the maintenance officer can provide you with a reference/case number there and then, request it. The Maintenance Court will send you and the person you are claiming maintenance from a letter or subpoena to appear at the Maintenance Court for an inquiry with the maintenance officer. Diarise the date immediately and make arrangements with your work and a babysitter as soon as possible. If you miss the date, it can take months to get another.

Get your document in order – Step 3…

From the time you left the office of the maintenance officer and even from the time you decided to claim maintenance, keep all receipts you received for any items bought for you and your child. Therefore, if you buy nappies for your child or even a toy, keep that receipt as if it is gold. This is due to you having to prove to the court that you really do spend money on the child and you have the receipts to prove it. You will soon hear from the Maintenance Court where they will be giving you a date to appear back at the Maintenance Court for an inquiry. They would either inform you by post or by a subpoena. On that date, both you and the person from whom maintenance is claimed would have to appear. If you are planning on making use of a legal representative, inform him/her early about the date so that he/she can be available to assist you at Court.

[video width="1920" height="1080" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Child-Custody-Visitation-and-Contact.mp4"][/video] In the notice to appear for the maintenance enquiry, it is requested that you bring proof of all expenses and income for you and your child. This is why it is so very important for you to keep all proof of expenditure in a safe place. Hint: If you can afford to, bring original proof of expenditure and income and a photocopy thereof. The original you would then be able to take back home and bring it back when requested and the copy will stay in the Court file.

The Maintenance Enquiry – Step 4 …

This step deals with the maintenance enquiry where you and the person from whom you are claiming maintenance from will appear before a maintenance officer. The maintenance officer will speak to each of the parties and look at the documents provided. Each party will get a chance to explain why he/she requires maintenance and also why he/she can’t afford the maintenance requested. The maintenance officer will as far as possible try to resolve the matter there and then without it having to go to court. If the parties can agree to an amount, this amount can be made an order of the court. If however an agreement cannot be reached at this stage, the matter, depending on the Court will either be referred to a prosecutor or for trial.

Remember, if you are a father or a person currently paying maintenance/child support, a reduction is possible. The same goes for an application for an increase in maintenance/child support

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please share it on Social Media. Should you require any other legal services and advice, not related to family law, visit Private Legal. Purchase a Consultation with us from our Online Shop, by clicking here. [caption id="attachment_8258" align="alignleft" width="476"] Child Custody and Visitation

Child Custody Visitation and Contact[/caption]

Posted on 11 February 2025 by Telelaw

The role of antenuptial contracts in South Africa – What do you need to know before getting married?
When people are in love, they often want to spend the rest of their lives together. And one way of doing so is to get married. Usually, after they got married, they will start a family. However, there is one important aspect many people do not consider before getting married. And that is the propriety regime that would apply to their marriage. In other words, what belongs to who during the marriage and after the marriage should they divorce or one spouse passes away.
Marriages in community of property – The Standard Regime
In South Africa, the default matrimonial property regime is that of in community of property and profit and loss. What this means, is that whatever property the couple have during the marriage, they would share. This includes debt. Therefore, should a party receive a huge sum of money during the marriage, that money would belong to both the parties and form part of the joint estate. The same principle would apply should a party get into financial trouble. In such a case both the spouses or the joint estate would be responsible for that debt. If spouses are happy to share in each other’s wealth and liabilities during the marriage, then being married in community of property may be a good option. However, if this matrimonial property regime does not appeal to a couple before they get married, then a different matrimonial property regime should be looked at. Now let us move on to a marriage out of community of property.
Marriages out of community of property – with or without the accrual regime
Marriages out of community of property may take two faces. The first is out of community of property without the inclusion of the accrual regime. This is its purest form. The other would be a marriage out of community of property with the inclusion of the accrual regime. Before we explain the differences between the two, we need to explain to you what it is meant to be married out of community of property and profit and loss.
Marriage out of community of property
Being married out of community of property means that spouses during the marriage own their own assets and are solely responsible for any debt owed by either of them. This can be compared to a marriage in community of property where the opposite applies. Therefore, if the couple is married out of community of property, a spouse would not require the other spouse’s consent to incur a debt. A spouse would not be entitled to claim any monies belonging to the other spouse by virtue of being married. In short, if you are married out of community of property, you are solely responsible for your estate. As would be seen further below, to be married out of community of property you have to enter into an antenuptial contract.
What is the accrual regime?
As mentioned above, a marriage out of community of property could have the accrual regime apply to it or not. The aspect of accrual only comes into play should the parties divorce or one of them pass away. The parties would then share in half the difference between the two estates. This amount is referred to as the accrual. Therefore, by way of example, should one spouse pass away and the estate of the deceased has grown in the sum of R10 000 – 00, then the surviving spouse should receive half of that. The above example would apply if the surviving spouse’s estate has not grown at all. If it has grown, then they would share in half the difference of their respective growths.
Marriage out of community of property with the inclusion of the accrual regime
The accrual regime automatically applies to a marriage out of community of property, unless it is expressly excluded in an antenuptial contract. During the marriage, the same principles as above apply to a marriage out of community of property with the inclusion of the accrual regime.
Marriage out of community of property with the exclusion of the accrual regime
If the couple does not want the accrual regime to apply to their marriage out of community of property, they need to expressly stipulate it in the antenuptial contract. If they do not do so, then their marriage would automatically be out of community of property with the inclusion of the accrual regime.
Parties entering into an antenuptial contract before the marriage
As stated, if a couple wants to get married out of community of property with or without the inclusion of the accrual regime, they need to enter into an antenuptial contract. They would sign a document wherein they stipulate what matrimonial property regime would apply to the marriage. Other matters may be included in an antenuptial contract. For example, assets that should not be included in the calculation of the accrual. The antenuptial contract is signed before a notary public and it is registered at the Deeds Office. In that way, the public would know that you are married out of community of property.
What happens if I did not enter into an antenuptial contract and want to change it later?
Should a couple get married and later decide to change the matrimonial property regime, they may do so with the consent of the High Court. A court application would have to be made to the High Court explaining to the court why they wish to change the matrimonial property regime and also which property regime they now wish to apply to them.
Publication of Application to change the matrimonial property regime
Various other information would be included in the High Court Application which could entail details of various creditors of the spouses and their assets and liabilities and so on. Attached to the court documents would also be a draft postnuptial contract. The Application and the Court date would be published in the Government Gazette and one or two local newspapers for potential creditors to be informed about the pending Court Application.
Informing creditors of the change in the matrimonial property regime
Various creditors would also be notified of the application via registered mail. The application can be expensive because of the work and expenses involved. This cost includes attorney fees advocate fees, publication fees etc. It is therefore important to decide before the marriage whether or not the matrimonial property regime of community of property is the best regime for you before getting married. If it is not the best for you and your intended spouse, we advised that the enter into an antenuptial contract. This will not only save you money in the long run but also avoid a lot of complications in the future. Speak to us should you wish to enter into an antenuptial contract. Our antenuptial contract product may be purchased here. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws

Posted on 11 February 2025 by Telelaw

The role of a facilitator in family matters regarding children – Should he or she make legally binding decisions or directives?

When parties divorce or they approached a court of law to resolve a dispute regarding a minor child, it was customary for them to appoint a facilitator should they settle the matter. Specific clauses would be inserted into consent papers and settlement agreements which the parties sign and is made an order of Court. The clauses would basically state that the parties appoint a facilitator to resolve disputes regarding the minor child and that the facilitator has certain authority and powers. Such disputes could range from one-party wanting more contact with the child or disputes regarding aspects of education, for example, which school the child goes to, or aspects regarding extramural activities. At the end of this article you would find an example of a facilitator clause. A facilitator should be a suitably qualified person. He or she does not necessarily have to be a clinical psychologist, social worker or a lawyer. He or she should be somebody that knows family law, understands the family dynamics and is skilled in resolving issues between parties. It is therefore very important that the parties appoint a facilitator that they would feel comfortable with and one that will be compatible with their family situation.

Facilitator’s Power

It would often happen that the parties cannot resolve a dispute amicably through a facilitator. In such a case, a decision will have to be made. The facilitator would then have to issue a directive. In other words, make a firm and binding decision for the parties. A further clause would then usually be inserted into the consent paper stating that the facilitator’s directive would be binding upon the parties as if it was an order of the court. The directive of the facilitator would then remain binding upon the parties unless a court of competent jurisdiction orders otherwise. It is this latter aspect that this article deals with.

Introduction of the Facilitation Clause

Based on our history with family law matters, this specific facilitation clause came about in or about 2008, a short while after the Children’s Act came into operation. It was then customary for parties to insert this facilitation clause as a matter of course. In our experience, the family advocate’s office would insist that such a clause be inserted and furthermore the courts would have no issue therewith.

Limiting the power of the Facilitator

What has now happened since 2018, in the Western Cape at least, was that certain judges started having an issue with the fact that a facilitator had the authority of making binding decisions on the parties which had the effect of an order of Court. In other words, due to the clause stating, that the facilitator’s directive would be binding upon the parties as if it was an order of Court; certain judges began to question such authority.

The court’s reasoning

Basically, the court’s reasoning is how could judicial authority be delegated to a third party? Taking it one step back when, the courts in the past made an order incorporating the settlement agreement, which had a clause therein authorising the facilitator to make binding directives; it basically gave judicial authority to the facilitator. In other words, the facilitator had the authority of a Judge. What has now become a practice, should a facilitation clause be inserted into a settlement agreement, the office of the Family Advocate of Cape Town, at least, would endorse the Consent Paper or Settlement, Agreement but also direct the Court to determine whether or not the parties understand the role of the facilitator and that they would be responsible for the cost associated therewith.

The Family Advocates Reasoning

There could be many reasons why the Family Advocate is directing the parties to advise the court whether or not they understand the role of the facilitator. One such reason could be that they do not want parties to come to them to facilitate disputes and issues that might arise. And of course, the other reason could be due to the court judgments that recently stated that a court can’t delegate its authority to a facilitator. In our view, asking a party in court, whether or not they understand the role of a facilitator, and that they will be responsible for the cost thereof is unnecessary. The party would say that they understand the role and that they are responsible for the cost thereof. What value that has in the case of a dispute arising in the future is very little.

The future role of the facilitator

Going forward, we still recommend that a facilitation clause be inserted in settlement agreements and consent papers. We further agree that a Court cannot delegate its judicial authority to a third party, unless in exceptional circumstances. However, at the same time, we feel that the facilitator could play a crucial role in resolving disputes between the parties. Having said that, the parties need to discuss whether or not they would require a facilitator, and in the event they do, they should specifically outline the role of their intended facilitator in the consent paper or settlement agreement.

An example of a neutral facilitation clause

FACILITATOR
- A facilitator shall be appointed by the parties jointly to facilitate and assist in resolving disputes between the parties relating to the minor children;
- These disputes shall include contact disputes should one party feel that contact should be increased or decreased, or varied for either party;
- In the event of the facilitator being unable to continue as facilitator, then he/she shall appoint a facilitator in his/her place, alternatively, or should the parties be unable to agree on the appointment of a facilitator or replacement facilitator, such facilitator or replacement facilitator as the case may be shall be appointed by the chairperson for the time being of FAMAC (Western Cape);
- The facilitator shall be entitled in his/her sole discretion to appoint such other person as may be necessary in order to make a decision in respect of the issue in dispute, including the right to co-opt a facilitator or the assistance of an appropriate expert if he/she deems it appropriate or necessary; and
- The cost of sessions with the facilitator and the services of the expert shall be shared equally between the parties unless otherwise directed by the facilitator. Each Party shall, however, be liable for the facilitator’s costs incurred attendant upon such party’s written and telephonic communications with the facilitator.

People going through divorces have many questions. Some we can expect, and others are very surprising. Read on to learn more about divorces and the questions people ask.

How much does a divorce cost in South Africa?

The cost of a divorce varies from case to case and client to client. If a divorce is undefended or agreed upon, then the cost would be significantly low. However, should the divorce be contested where the parties cannot agree on the terms of the divorce, then, under those circumstances, the ultimate cost can be very high. Factors to consider would be how many issues there are to be resolved, the number of court days required, and preparation time. In the end, the more time that is spent on a divorce matter by lawyers, the more it would cost the client.

Where can I get free legal advice on divorce in South Africa?

There are many places where a person may obtain legal advice on divorces in South Africa. Some places offer free initial consultations. Then there are places like the Legal Aid Board or a Legal Resources Centre that would be of assistance at no charge or a minimal fee. There are also non-governmental organisations and University law clinics that would advise you on a divorce matter at no charge.

What’s the cheapest divorce cost?

There is no need to make use of the services of a lawyer to attend to your divorce. A person is allowed to attend to his or her divorce in South Africa on his or her own. The only cost one may incur is Sheriff fees. On the other hand, there are businesses that charge a very low fee that would assist you in finalising your divorce. This fee may only relate to the drafting of the court documentation.

Who is the best divorce lawyer in South Africa?

It would be hard to say who is the best divorce lawyer in South Africa. As lawyers’ practice in various cities and provinces, it may be best to find out which law firms specialise in divorce matters in your area and therefore be able to provide you with quality and reliable legal services. As each legal matter and client is different, so too would the experiences of lawyers differ. At the end of the day, you would seek a legal representative that has the necessary expertise and knowledge on family law and able to assist you with your legal problem. If the legal practitioner has the time and the willingness to assist you in getting what you are entitled to, then in our view such a lawyer would be the best lawyer for you under the circumstances.

What are the four main stages of a divorce?

Drafting of the summons and having it issued and served;
Filing a plea with or without a counterclaim;
Preparation for the court hearing; and
Trial.

Who pays for a divorce?

The parties usually pay for their own divorce. The majority of the cost goes to the lawyer. However, the court can order that one party pays for the other party’s costs after the divorce is finalised.

How can I pay my lawyer with no money?

If you do not have money to pay a lawyer for his or her legal services upfront, you may find out from the lawyer whether or not you may enter into a payment arrangement. The payment arrangement could mean that you pay the lawyer a small portion of the fees at the end of each month. If there is money that you would receive at the end of the divorce, for example, due to a pension payout, then under the circumstances, the lawyer may agree to be paid later. If you cannot afford to pay for legal services at all, it is suggested that you still approach the divorce court and ask them to assist you with your divorce or Direct you to a place that would be able to assist you pro bono.

Who can I talk to for free divorce legal advice?

There are many places you can go to for advice on divorce matters. For the first point of call, we suggest the Legal Aid Board, or a Law Clinic or a Legal Resources Centre. You may also want to go online and search for places that provide free legal advice on divorces in South Africa.

How can I talk to a divorce lawyer for free?

If you wish to consult with a lawyer who is a specialist in divorces, you may find one online that would not charge you for the initial consultation. Generally, the initial free consultation would be very short and used to ascertain whether or not the divorce lawyer would be of any assistance to you. Should you then proceed to make use of the services of a divorce lawyer, a fee would be applicable?

How do you get a divorce if you have no money?

If you do not have any money it would be hard to obtain the services of a divorce lawyer at no fee. Some divorce lawyers may assist you in providing some legal advice. However, if you want a lawyer to take your matter further, you may have to consider organisations like the Legal Aid Board, Legal Resources Centre, or a law clinic. You may also want to consider searching online for law firms that do pro bono work.

How many years do you have to be separated to be legally divorced in South Africa?

To be legally divorced from your spouse in South Africa, you require a decree of divorce given by a judge or magistrate at the court. If you are separated from your spouse for any number of years, you still remain married to him or her. Other than legally divorcing someone, the marriage is also terminated should one of the spouses pass away.

How long does a divorce take on average?

If you and your spouse agree on the terms of your divorce, the divorce can be finalised in a matter of weeks. However, if the divorce is contested and there are a range of issues in dispute, the divorce can take many months or even years to finalise.

How do I divorce my wife without losing everything?

What does a person leave with at the end of a divorce would depend upon the matrimonial property regime he or she entered into when getting married. If the couple was married in community of property, then at the divorce they would share equally in the division of the joint estate. If the couple were married out of community of property with the inclusion of the accrual regime, then in such a case they would share in half the difference of the accrual of their respective Estates. Therefore, should a couple decide to divorce they should spend as little money as possible on fighting over aspects of their marriage which the law already dealt with. For example, how assets should be divided at the dissolution of the marriage. It would be a total waste of time to argue over the property if at the end of the day the property would have to be sold and divided equally between the parties.

Are there advantages to filing for divorce first?

There could be certain strategic advantages in filing for divorce first. However, it would depend on the specific circumstances of the case. Usually, the party that initiates the divorce proceedings would be the one who would be responsible for finalising the divorce process. The same party who initiated divorce proceedings may spend a bit more in legal fees in finalising the divorce. However, on the whole, when the matter finally gets heard in court the party who initiated divorce proceedings will not be in a better position than the party defending it.

What happens if I lose my job and can’t pay alimony?

If you lost your job and unable to pay alimony you should approach the court to have the maintenance order reduced or set aside. The court would, however, look at various factors, these include your ability to obtain an income and also your assets.

How long can a couple be separated?

A couple may be separated for any amount of time. A long period of separation could signify the irretrievable breakdown of the marriage.

Does it matter who files for divorce first in South Africa?

No, it does not matter who files for a divorce in South Africa. The outcome would largely be the same.

Is adultery illegal in South Africa?

For something to be illegal, it should have been criminalised. Adultery is not a crime in South Africa. In relation to divorces, if a party has committed adultery, it is a reason for a divorce.

What a woman should ask for in a divorce settlement?

There are various things a party may ask for in a divorce settlement. This is so whether or not you are a male or a female. However, if you are a female and you are not self-supportive, then it is suggested that you ask for alimony or personal maintenance in your divorce settlement. If you are on your spouse’s medical aid scheme, we suggest that you ask that you continue to remain on your spouse’s medical aid scheme after the divorce.

What if my husband filed for divorce first?

In principle, there is no difference whether or not a wife or a husband files for divorce first. If the marriage has broken down irretrievably, then the sooner a spouse can Institute divorce proceedings, the sooner the divorce can be finalised.

What can you not do when getting a divorce?

Once a couple divorced, they are no longer married. Therefore, they may remarry immediately and move on with their lives. They can purchase property go into debt and so on without the consent of their former spouse. Therefore, unless the divorce order says otherwise, a divorced spouse may do anything lawfully which he or she could have done before he or she initially got married.

What is the wife entitled to in a divorce in South Africa?

There is no specific legal provision in our law that affords a wife something after a divorce. However, what a spouse usually claim if there is a case for it is alimony or personal maintenance after the divorce. If the wife is the one who will have custody over the minor children after the divorce, she may claim child maintenance and related expenses.

Is spousal maintenance mandatory in South Africa?

Spousal maintenance or alimony is not mandatory in South Africa. If a spouse wants to claim spousal maintenance or alimony, he or she must prove to the court that he or she is entitled to it.

Can you date while separated in South Africa?

In South Africa, the law does not prohibit one spouse from dating another person after they have been separated.

Do I get half of my husband’s pension in a divorce?

A spouse would share in the pension of the other spouse if they were married in community of property. If the parties were married out of community of property with the inclusion of the accrual regime, then in such a case he or she would be entitled to a portion of the pension when calculating the accrual.

How do I divorce my wife and keep everything?

The only way in which a spouse can divorce the other spouse and keep everything he or she owns is if they were married to each other out of community of property with the exclusion of the accrual regime. If that was not the case, they would have to share in either the Joint Estate or accrual.

What are the rights of a woman after a divorce?

A spouse’s rights after the divorce would be based upon the divorce decree. If the divorce decree does not stipulate anything other than a decree of divorce, then such a spouse would not have any rights against the other spouse except for that regarding minor children. If the court made an order regarding personal maintenance or alimony then that specific rights would be standing.

Who gets the house in divorce South Africa?

If the house belongs to the joint estate, the couple can agree that it goes to a specific spouse. However, if they cannot agree, then the house would have to be sold and the proceeds divided equally.

Is South Africa a mother or father state when it comes to child custody?

There is no preference for a mother or father when it comes to a divorce. What the court looks at is what is best for the children.

Can a wife take everything in a divorce?

It is possible if the parties agree to it. If not, then one would have to look at the principles applicable to their matrimonial property regime.

How do I protect myself financially from my spouse before getting married?

You would have to ensure that you get married out of community of property. You may consider getting married with the accrual regime or without.

How can I hide money from my husband?

If you are married in community of property, you and your husband would own half shares of everything. This includes debt.

Can you kick your spouse out of the house in South Africa?

No, you cannot. However, you may approach a court of law should there be domestic violence. In such a case, the court may order that the spouse move out.

Who qualifies for alimony in South Africa?

A spouse that does not have an income and that has always been supported by the other spouse may qualify.

Does adultery affect divorce in South Africa?

It is grounds for divorce if it broke down the marriage.

Is a sexless marriage normal?

It depends on the stage of the marriage and the age of the couple. You would need to go for marriage counselling. The counsellor would speak to both you and your spouse and see what the problems are and try to assist you in resolving it. It is important that the couple partakes in meaningful communications and counselling. If one or both of the parties are not interested in resolving the issue, then it is sure to fail.

How do husbands hide money before divorce?

One way is to let another person keep it.

How can you prove someone is hiding their income?

You would have to have documentary proof. If the matter is at court, then you can subpoena the employer.

Why would a man stay in a sexless marriage?

If there is love and a bond beyond sex. You would need to go for marriage counselling. The counsellor would speak to both you and your spouse and see what the problems are and try to assist you in resolving it. It is important that the couple partakes in meaningful communications and counselling. If one or both of the parties are not interested in resolving the issue, then it is sure to fail.

How do you stay faithful in a sexless marriage?

That is up to you. You need to speak to your spouse about the issue and if necessary, seek professional advice. You would need to go for marriage counselling. The counsellor would speak to both you and your spouse and see what the problems are and try to assist you in resolving it. It is important that the couple partakes in meaningful communications and counselling. If one or both of the parties are not interested in resolving the issue, then it is sure to fail.

Can a marriage survive without intimacy?

It would depend on the married couple. However, intimacy is an important aspect of a marriage. You would need to go for marriage counselling. The counsellor would speak to both you and your spouse and see what the problems are and try to assist you in resolving it. It is important that the couple partakes in meaningful communications and counselling. If one or both of the parties are not interested in resolving the issue, then it is sure to fail.

Is once a month a sexless marriage?

You would need to go for marriage counselling. The counsellor would speak to both you and your spouse and see what the problems are and try to assist you in resolving it. It is important that the couple partakes in meaningful communications and counselling. If one or both of the parties are not interested in resolving the issue, then it is sure to fail.

What age does a man stop being sexually active?

You would need to seek medical advice. It would depend on various factors. The health of the parties and also external factors. For example, work issues, or family trauma and so on.

How do you fix a sexless marriage?

How can I save my wife’s house?

You have to pay the bond and all expenses.

What if my wife doesn’t want a divorce?

If your spouse does not want a divorce, the court can still grant it if the marriage broke down.

What are my rights in a divorce?

Your right in the divorce would be to obtain any funds you are entitled to base on your matrimonial property regime as well as alimony if you are entitled to it.

How is spousal support calculated in South Africa?

To determine the amount of spousal support, one would need to look at the expenses of the spouse claiming alimony and the income and assets of the party paying the alimony.

How is debt divided in a divorce in South Africa?

If the parties were married to each other in community of property, they both would be responsible for the debt in equal shares. A creditor may, however, proceed against any of the spouses for the Dead and the specific spouse who paid it may claim half the debt from the other spouse.

Who pays attorney fees in divorce in South Africa?

A party to divorce proceedings will have to pay for his or her attorney fees.

What is considered an unfit parent in South Africa?

In short, an unfit parent is a parent who unreasonably neglects the child.

What is considered legally separated in South Africa?

In South Africa, the only form of dissolution of a marriage is done via a divorce. Therefore, for a couple to be legally separated, they need to obtain a decree of divorce from the court.

Can you go to jail if you don’t pay alimony?

Yes, someone can go to jail if he or she refuses to pay alimony in terms of a court order. However due process first has to follow.

Is not paying alimony a crime?

If the divorce court ordered you to pay alimony or personal maintenance to your former spouse and you failed to do so, you are committing a criminal offence.

How do you know if a divorce is final?

A divorce is only final once a judge granted a decree of divorce. This you can ascertain by visiting the divorce court and asking them to provide you with the contents of the divorce file.

How much does the average divorce lawyer cost?

Divorce lawyer fees vary from city to city and based upon their legal experiences. You may find a junior divorce lawyer charging a fee of R 500 per hour and a senior divorce lawyer charging a fee in excess of R 2000 – 00. It all depends on the lawyer and his or her years of experience and the complication of your case.

What happens when a divorce is filed?

From a legal point of view when one party files for a divorce everything that usually applies for the marriage still continues. The only time where they are legal consequences is when a court makes such an order. Therefore, even if one party instituted divorce for the seedings it does not mean a spouse can disregard their matrimonial property regime or get married to someone else.

How do I leave my husband without a divorce?

In South Africa, a divorce is the only manner in which to end a marriage. If you and your spouse are separated even for a very long time you are still married to each other. Therefore, either spouse may marry another person. Moreover, if both parties are no longer interested in remaining married, then, under those circumstances, it is advised that they seek a divorce decree.

How do you bounce back financially after a divorce?

It is important that once a party decided to divorce, he or she needs to think about life post the divorce sooner than later. Therefore, a party should not wait until he or she is divorced before looking for work or trying to financially secure him or her.

Should I file for divorce or let him?

If the marriage has broken down irretrievably and there are no prospects of the restoration of a normal marital relationship, then we advise you to proceed with divorce proceedings as soon as possible.

Child custody disputes during the Covid-19 pandemic and the Lockdown – What impact did the National Lockdown have on it?

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What can be said about this assumed drop in numbers?

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