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All newlyweds believe that their marriage will stand the test of time and some do..... Most, unfortunately....... Don't.

 

As with all things Legal and family related, the divorce regime in South Africa doesn't really make for a simple divorce procedure unless parties can agree on how all their "things" should be separated and agree on how children should be dealt with after divorce.

 

First it should be said that there are currently three  civil marital regimes that can be chosen when getting married:

 

1. In community of property - entered into automatically if no antenuptual agreement exists. Both parties own half of everything. The            law has even been interpreted as half of the TV(movable and immovable items) belongs to the wife and Half to the husband. 

2. Out of community of property with the accrual system being applicable -  Both parties have their own estates but when getting a              divorce, the party with the least growth is entitled to half the difference between the estates. for example: A gets married to B. at the        time of Divorce A has an estate valued at R100 000.00 (One Hundred Thousand Rand) and B has an estate valued at R50 000.00          (Fifty Thousand Rand) B would be entitled (Theoretically) to half the difference being R50 000.00/2 = R25 000.00 from A's estate?.

3. Out of community of property without accrual - each party has their own estate and no claims on either estate is made when getting        divorced (with a few exceptions such as applications for redistribution of the estate which is very complicated and depends on how a      spouse acted during the marraige)

 

The last two regimes must be explicitly chosen by way of antenuptual contract entered into before a notary public and registered as such with the relevant registrar.

 

The above clearly shows that divorce is complicated. Not to mention child custody, pension funds and possible liquidators and distributors being appointed to sell everything in the estate.

 

It is becoming more and more common that litigants try to tackle their own divorces at court. Sometimes (most times) causing unnecessary heartache and financial loss due to over the counter legal advice offered by quick aids on divorce and other institutions. 

It has even been seen that parties lose millions in settlements reached trying to save on legal costs.

 

Always at least consult your attorney before entering into settlement agreements or issuing summons as these documents may cause more damage than good if dealt with incorrectly.

 

As always our office is available to assist in all aspects of these matters. 

 

Wishing all a prosperous 2018 and, as always, at your service when needed.

 

- Du Bruyn Attorneys