Page 146 - The Circle of Life
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on. It is usual for both sides to pay equally for the costs (little as it is) for this
application but the court may order one or the other to carry the full costs. As
said it is very little.
What happens if your ex refuses to comply with a settlement
agreement?
I really fail to understand how people can go through all the agro (wasting your
time in a court room and paying lawyers) for a court ordered settlement and
then let it slide. You must always follow that order to the letter for if you don't it
may be contempt of court which is big trouble in any country. This is not to say
to be unreasonable and if life happens (like your ex losing his job) discuss it but
never let it slide for it makes the order worthless.
Take for instance where a woman (or man) gets an interdict against the other
spouse not to threaten her and stay away from her. And then she goes to the
spouse out of her free will to make up or whatever. Then tomorrow she is angry
again and has the man arrested for being close to her. The law does not take
kindly to such things.
Why can you get divorced?
In law we call it the grounds for divorce and remember it does not matter whose
fault it is. Where one of the spouses is mentally ill and in an institution for at
least two years with no real chance of recovery or in a coma for longer than six
months with no real chance to wake up is a good enough reason. So is a jail
term of longer than five years for a spouse. Usually it is either one or more of
the following: A partner cheated on the other and it does not need to be sexual;
the couple no longer love each other and do not want to be together anymore; a
partner left the other though keep in mind that abandonment is not the same as
divorce. You must still be officially divorced in court to be divorced. If the ex
then cannot be found the law allows for the proceedings to be published in
newspapers etc but it is a long process. See your lawyer in such cases.
Another reason is where the partner abused the other which is not always
physical but also mental.
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