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Whatshot
TATA Osprey
SEEF sept
Legal Talk
Legal Talk
Author: Fawzia Khan
Date: 2014-07-04
Date: 2014-07-04
If your marriage has broken down and divorce is an inevitable reality, it's best to consult a good divorce attorney who will guide you through this difficult 'emotional rollercoaster' time. Your attorney would advise you on all the options available to you thereby allowing you to make proper and informed decisions on the way forward. Today we have the "no-fault" divorce system. This means that you do not need to allege any fault on the path of your spouse. You simply need to inform the court that the marriage has irretrievably broken down and that there are no reasonable prospects of the restoration of normal marriage relationship between you and your spouse.
Your attorney would also advise you on how the division of assets in the marriage will be done (depending on what type of marital regime is in place). The decision on which parent would provide the primary residence for any minor children would need to be examined. You should also be made aware of what criteria our courts look at when making such an award. Issues such as access and contact rights for the parent who is not given primary residency of the children would also be dealt with. Joint custody, where both parents share custody of the minor children, could also be explored. Maintenance, both spousal and children is another aspect which needs to be canvassed.
The divorce summons must served by the sheriff of the court. The sheriff is required to effect 'personal service' on the defendant. Once the sheriff has established the identity of the defendant, he will hand a copy of the summons to the defendant and return the original back to the plaintiff's attorneys. Consequently the defendant has no choice as to whether or not to accept the divorce summons. The sheriff will then prepare a report called a 'return of service', in which he will record the details of the service he effected. If there are minor children involved, a copy of the summons must also be sent to the office of the family advocate. The family advocate would be required to also provide input insofar as the care and contact arrangements of the minor children is concerned. This is done by way of a report complied by the family advocate. The criteria used by the court and office of the family advocate is "what is in the children's best interest". The court will generally accept the recommendation made in the family advocate's report.
Know your rights! The Law Desk of Fawzia Khan & Associates. We Know! We Care! We Deliver. Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance. Follow us on Twitter @AttorneyFawzia.
Springclean
Nissan T5ekton