Many South Africans divorce within the initial five

Many South Africans divorce within the initial five to nine years of matrimony and most of those are initiated simply by women.

The most common reason sited regarding divorce in South Africa is simply which the couples drift apart, followed closely by drug and alcohol abuse (cocaine make use of being prevalent), physical abuse plus unemployment.

More recently, statistics show that economical difficulties are coming to the honntet in most divorce cases filed for the second item half of 2007 early 2008 even though infidelity and lack of communication will be cited less.

As in most nations, married couples can dissolve their marital relationship through divorce leaving the gatherings to remarry legally again at a later date. The process is dependent on the status for the marriage. In South Africa that is generally a civil marriage - inside community of property or outside community of property. Some Southern region African marriages are also customary partnerships.

A civil marriage can be blended according to the Divorce Act. Customary relationships are dissolved according to civil legislations but also according to custom and custom.

Before petitioning for divorce, glimpse closely at your options:


 * Can an individual reconcile?


 * Do you need a lawyer?


 * Can you agree an asset split?


 * maintenance divorce trial attorneys and custody of the children?


 * What about alimony?


 * What are the prices?

Most good lawyers will advise the petitioner to seek counselling and explore reconciliation prior to filing with regard to divorce as the procedures can be long and expensive if both parties are certainly not in agreement.

There are many avenues to follow in regard to reconciliation. FAMSA offer an excellent counselling and arbitration service to couples facing divorce.

A petitioner must ask first and foremost if a lawyer is necessary? If a couple is in agreement about proceeding with a divorce then the petitioner can file for divorce at the local court for a fee of R120, a copy of your marriage certificate, a copy of your ID and your completed separation and divorce papers.

If a couple cannot acknowledge the issues of the divorce then it is certainly advisable to seek legal guidance but bear in mind that each divorce case is different. Question your attorney on their specialisations, their solution to divorce - is it tactical or even aggressive? Most importantly, ask them to outline their fee structure in full upfront.

If the couple can agree on asset divide, maintenance and custody of minors then filing at the local the courtroom is the easiest option. Usually a 50: 50 split is honored by the court anyway so struggling up front only costs you money. Sit down and be practical. You both have to start over and what you lose in legal fees might be put to better use.

If you can agree with the fact, draw up the agreement and the two sign it and have it experienced and attach it to your breakup petition. (Agreement)

Custody must be decided before a court will offer a divorce. Consider what is best for your children rationally. In most instances the woman is usually granted custody however it is not uncommon for a couple to agree that custody end up being granted to the father. In African Customary Law the father usually continues to be the childrens natural guardian.

No matter custody, maintenance and visitation is necessary to be agreed upon and where a partners cannot or will not agree typically the court will decide bearing in mind that parents have a duty to support their children including all illegitimate children.

Upkeep issues can be addressed to the Repair court once the divorce is finalised.

It is rare in South Africa that will Alimony is awarded unless the spouse can prove that they are incapable of earning a living as they have been a house-spouse/parent considering that the inception of the marriage and have simply no visible means of support.

Alimony is generally agreed by the couple for a placed period and taken into account with the settlement deal agreement.

Getting divorced can be very high-priced. It is advisable to petition for divorce yourself via the local magistrates court to keep costs at a minimum. Agreeing the arrangement, custody and maintenance upfront is the best alternative in South Africa as it negates the advantages of an attorney and legal fees.

Figures launched recently showed that the divorce pace last year was the lowest yet, together with analysts say economic uncertainty has turned unhappily married couples reluctant to component ways. Few couples divorce in the course of tough economic times because legal representatives fees are simply too expensive, often causing further financial problems for the partners as they enter their new day-to-day lives.

Go to your local magistrates court and get for their assistance. It is reasonable and simply as efficient.