Page 128 - The Circle of Life
P. 128
argue about kids (not need for the law is very clear on them). Or financial issues
(no need for your antenuptial sorted that one out).
What you cannot argue about is whether you want to be divorced or not. Once
the process starts and one spouse wants out he cannot in law be forced to stay
married for that would be against the morals of the public. This however
depends on which system your country uses as you will see later on. But as a
general rule no-one can force you to stay married. Thus you have to accept it if
your spouse or you wish to go your separate ways.
Keep in mind this book is not supposed to replace your lawyer but to make it
easier for you to understand what happens. When in a divorce go and see a
lawyer. As long as you and your spouse are willing to settle the matter it should
never cost more than 800 dollars (2013 terms). However it is not that regulated
and varies from law firm to law firm. Shop around.
Let us look at what the law says about divorce.
The Divorce Act of 1979
All divorces in South Africa are regulated by this act. Does not matter how you
are married or under which dispensation, this act will regulate the divorce. Keep
in mind that you must be married to be able to divorce and I know this sounds
silly being logical but it means that living together cohabitees (remember the
universal partnership) can never be divorced. Simply they were never married.
No fault system
Up to 1979 and still in many countries today (I am surprised to read) one of the
spouses had to show wrongdoing by the other spouse before a decree of divorce
could be issued. This is called the "fault system." It is not applicable here where
we follow the "no-fault system." Wrongdoing simply it means that a spouse had
to do something nasty like visiting a prostitute. Or physically abused the other
spouse which includes mental abuse also! Or have a relationship with a third
party which is of a sexual or serious nature (not innocent or platonic as they
always claim).
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