Page 148 - The Circle of Life
P. 148

If you cannot settle the matter it becomes a normal defended private (civil law)

               case  as  we  discussed  in  the  beginning.  It will cost you tens of thousands if not
               hundreds of thousands  dollars and five years of your time. It is never worth it.


               The media


               It is human nature to want to know what happened in a messy divorce as details
               comes out in court (another reason to settle) which may be hugely entertaining
               to  the  public  if  humiliating  to  the  party  or  the  children  and  family.  Thus,

               traditionally,  South  African  law  and  also  in  many  other  countries  the  media  is

               strictly  forbidden  to  publish  details  of  a  divorce.  Legally  this  is  not  defendable
               anymore  as the foreign press is not subjected to this law and with the Internet

               and social media it is impossible to stop publication. There is also the freedom of
               speech  issues  and  thus  this  law  is  not  strictly  followed.  It  happens  quite  often

               that one of the parties release a statement to clear the air so to speak.

               Why  only  they  will  know  for  it  always  backfires  and  is always bad advice. You

               will  never  be  able  to  manipulate  the  media  and  is opening yourself for ridicule
               without  gaining  anything.  Nothing!  We  don't  have  juries  to  influence  and  our

               Judges (South African ones at least) cannot be influenced for they are genuinely
               not corrupt. Besides cowboys don't cry in public! Making a fool of yourself is your

               choice  though.  Don't  expect  me  to  stand  anywhere  close  to  you  when  that
               happens.


               Playing with the media in the middle of the case is plain silly and if you have to

               say something be non-committal and say what you want after the trial. Each to
               his  own  though.  If  you  feel  the  need  to  do  so  then  carry  on  by  all  means  for

               each  individual  case  is  different.  Just  remember in Africa we respect grey hair.
               That  cute  (and  very  smart)  girl  woman  who  acts  as  your  spokeswoman  will

               never have the same effect as the portly grey haired elder with a serious face. It
               is  the  way  it  is  and  yes  I  agree wrong. It is however the African way and our

               ways is not your ways.


               Annulment of a marriage

               Annulment  is  a  legal  process  and  the  effect  is  that  the  "marriage"  never

               happened.  Usually  we  talk  of  the marriage being "null and void" or just "void."

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