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International Divorce Law

If spouses were married in another country, but now both live in South Africa, or the spouse wanting to get a divorce lives here, the South African courts can come to their aid.

The South African Divorce Act allows action to be instituted in the area in which either spouse is domiciled/ordinarily resident. This is different to other civil claims where you have to follow the area in which the Defendant lives.

Consquently, if the spouse wanting to get a divorce lives in South Africa, but the other spouse lives overseas, you may still approach a court in South Africa to get a divorce. The court will assist with the divorce, but will apply the English law in terms of the patrimonial (movable and immovable property) consequences. However, if there are child/ren involved, the courts will apply the South African law.

Bailey Haynes Inc. - Divorce Lawyers in Cape Town

Contact our Divorce Lawyers in Cape Town, for expert legal guidance and advice needed to navigate any procedure concerning separation, divorce or interntional divorce law.

 

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Who gets parental rights and responsibilities for the child?

Often a big question for couples when they decide to get divorced is what happens with their children.

In this article we will look at what does “rights and responsibilities” mean and who has them.

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Posted by Jacques Haynes on Monday, July 30, 2018 Views: 729


 

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Interim Protection Orders explained by our Attorneys in Cape Town

Have you been the victim of verbal, physical or emotional abuse?

If so, there are steps you can take to protect yourself and your property from individuals who intend to cause you harm.

In terms of the Protection from Harassment Act one can approach the Magistrates Court to get protection in the form of an Interim Protection Order which protects individuals from harassment which is not considered a crime.

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Posted by Jacques Haynes on Monday, April 30, 2018 Views: 1079


 

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Corporal punishment - Explained by our Attorneys in Cape Town

What is corporal punishment? It has been defined as “any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light” by the United Nations Committee.

A National Survey was conducted in which it was found that 57% of parents use corporal punishment as their chosen disciplinary method and 37% of those parents use objects such as belts, wooden spoons etc., to carry out their discipline.

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Posted by SuperUser Account on Wednesday, December 6, 2017 Views: 1027