According to Stats SA,
32 484 divorces were granted
in South Africa in 2005.
Legal separation does not
exist in South Africa even
if you are no longer living
with your husband and not
divorced. According to the
law, you are still married.
You don't have to get your
husband's permission to get a
divorce. If your spouse is not
willing to get divorced, you
can get a divorce granted
without his or her consent.
In special circumstances
you may get your marriage
annulled. An annulment differs
from a divorce in that it not
only dissolves the marriage but
also wipes it off the record.
The age of majority, that is
the age when you are old
enough to marry without your
parents' consent, is 18 in
South Africa.
If you are younger than 18
you need your parents' or a
legal guardian's consent. to
marry. If you are younger than
18, you can also apply to the
court to become a major, in
which case, if your request is
granted you are seen as an
adult in the eyes of the law.
The law that governs your
marriage depends on your
country of domicile. This is
the country you designate
to be your permanent home.
You can be married or have
a wedding outside of South
Africa, but if your chosen place
of permanent residence is South
Africa, then South African law
governs your marriage.
Maintenance claims
When you divorce, depending
on your financial situation and
what regime you are married
by, it is possible to sue your ex-husband
for spousal maintenance,
which is completely separate to
child maintenance.
According to
the law, biological parents are
financially obligated to contribute
to their child's welfare, whether the
child was conceived in or out of
marriage.
Spousal maintenance on
the other hand is only applicable
to married couples but it is not
always guaranteed.
"The courts
will look at how long you've been
together and the circumstances of
your case. if you've been married
for a very brief period and are
quite young, you are not going
to receive maintenance," explains
Jacqueline Ellis of Jacqueline Ellis Attorneys.
"If you were married for a long
time and never worked throughout
the marriage and he supported
you, you will get what is called
rehabilitative maintenance because
the court understands it will take
you a while to get a job."
The time period for rehabilitative
maintenance is dependent on each
case. where maintenance is granted
your ex can stipulate how long or
under what conditions he'll continue
to pay you.
"Some lawyers include
a clause that say the payment will
stop if you cohabit with someone or
get married again," says Ellis.
Source: Stats SA and Jacqueline Ellis (Jacqueline Ellis Attorneys)
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