Archive for May 2021

When parties are in the process of getting a divorce, the financial constraints from the shift of a two-income household to two one-income households can be severe, especially when minor children are involved or where one party received a substantially higher salary than the other during the course of the marriage. What a lot of…

Now that we know what each of the marital regimes entail, we can now move on to the consequences of each marital regime when it comes to a divorce. When parties are married in community of property, this means that literally everything of the parties has to be divided in half. This includes any property…

Under South African Law one can get married in one of the following ways: Marriage in Community of Property With this regime at the date of the marriage, the parties’s separate estate combine to form one joint estate. The parties share equally 50/50 in the assets and liabilities of their joint estate. In the case…

Parties to a divorce more than often focus so much on the proprietary consequences of their divorce that they lose sight of the fact that the minor children born from their marriage are also affected by their divorce. The Children’s Act 38 of 2005 together with section 28 of the Constitution of the Republic of…

When persons want to get divorced, it is because the marriage relationship between them has broken down to such a point that the relationship cannot be restored. The persons want to move on with their separate lives as soon as possible and a lengthy divorce of up to three years is not what either party…

Couples do not get married with the idea of getting divorced later. To make a relationship work is however hard work and the reality is that more and more couples are getting divorced in South Africa. Of course, to end a marriage is not as simple as breaking up the relationship and going separate ways,…