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Separation & Divorce Lawyers in Cape Town

In South Africa, legal separation has no legal status and is rather an agreement between spouses. Under South African law, one can either be; Unmarried, Married, or Divorced.

The process of obtaining a legal separation follows a similar procedure to filing for a divorce. It therefore requires the assistance of an attorney, divorce lawyers and courts to be legal.

Separation before Divorce

In some cases, the divorce process can take a long time. Some spouses may not wish to stay together until their divorce is finalised and therefore separate.

But what happens during the separation period before a divorce is finalised?

A separation agreement can be drawn up between spouses including terms such as; living arrangements, child maintenance and spousal maintenance, as well as any other terms which might be relevant during the separation.

An example of this would be that one spouse moves into a rental apartment during the divorce process, but that each spouse contributes to the rental amount.

Bailey Haynes – Divorce Lawyers in Cape Town

As mentioned, a separation has no legal status in South and is therefore an agreement that cannot be enforced in court. There are other legal mechanisms available to spouses during divorce proceedings which have some backing by the court and enforcement.

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



Frequently Asked Questions answered by Divorce Lawyers

Our divorce lawyers provide professional advice relating to all aspects of family law, including the enforcement and protection of rights in family, personal relations as well as antenuptial contracts.

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Posted by Jacques Haynes on Friday, February 21, 2020 Views: 689



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: 1261



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: 1879