A word that shatters a happy family life to pieces if not handled correctly and professionally. Children tend to be the most affected by this process as it brings uncertainty and fear to their safe family life. The main factor which two divorcing parents should always keep in mind is that they have two rolls:
The first roll is that of husband and wife and the other is that of a mother and father. Never should the two roles be confused and the role of mother and father should be treated as the most important role. Here the best interest of the children should be your first priority when making decisions that will impact on the children.
Financially Divorce has a major impact on both parties as divorce summonses are generally issued out of the High Court. The Regional Courts Amendment Act came into effect in 2010 and allows the regional division of the Magistrates’ Court to also deal with divorce case.
A court has jurisdiction in a divorce action if one or both parties are:
- domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or
- ordinarily resident in the area of jurisdiction of the court on the said date and has/have been ordinarily resident in South Africa for a period of not less than one year immediately prior to that date.
Please note that this does not constitute legal advice as all situations are different. Click on the link below to make a appointment so that we can help you with your specific set of circumstances.