Setting up an antenuptial contract before marriage ensures that your assets are protected in case of divorce or death. Also, if one of the spouses gets into debt or needs to be liquidated, the other spouse’s assets are protected. There are two types of antenuptial contracts: with or without accrual.
There are two primary grounds for divorce in South Africa. The first is the irretrievable breakdown of the marriage. The second is two-fold and includes incurable mental illness and a continuous state of unconsciousness. The latter two will require confirmation by a relevant medical practitioner.
The divorce procedure in community of property cases involves the same process as other marital regimes. Typically, it includes the 50/50 division of assets and liabilities and decisions on child custody matters. A liquidator might be appointed to divide the joint estate if spouses cannot agree.
In the last few years, child custody laws have changed, providing fathers more rights and access to their children. Still, the question plagues many a mind on whether or not a father can take a child from the mother in South Africa. A common misconception is that in the event of a parental dispute regarding primary residential custody of a child(ren), the mother will automatically be granted custody, but is this the case?
One of the hardest things that any couple facing the dissolution of their marriage must face is the divorce process. Whether your relationship has been brief or long-term, going through a divorce is a challenging endeavor and often wrought with grief, heartache, confusion, and anger. If you have reached the stage of your marriage where you can’t go on as you are, you might be interested in knowing the divorce procedures in South Africa.