things to know about divorce

A pleasant divorce is a rarity, but remember there are always two sides to a story. Do not try to apportion the blame but try and reach a fair settlement as quickly as possible. The changes in divorce laws make an amicable divorce possible, but much will depend on you. And above all, where children are involved, remember to look after their well-being.

grounds for divorce

There are a number of grounds for divorce, the main one being the irretrievable breakdown of the normal marriage relationship. The court may grant a decree of divorce if it is satisfied that the marriage relationship has reached such a state of disintegration that there is no reasonable prospect to restore a normal marriage relationship.

custody of children

The court, as primary guardian of minor children in granting a decree of divorce, may pass any order it deems reasonable regarding custody, guardianship and maintenance of children born of the marriage or adopted by the parents. In reaching a decision, the court will always have as a guiding principle, the best interest of the child, as opposed to what the interests of the parents may be.

maintenance of the parties

An order for maintenance may be made in favour of either party. The factors which the court will take into account in reaching a decision, include the existing or prospective means of the parties, their respective earning capacities, financial needs and obligations, the age of each party, the duration of the marriage, the standard of living of the parties prior to the divorce as well as any other factors which the court believes applicable.

property of the spouses

On divorce the assets and possessions of the couple may be redistributed. Such an order will depend on the legal form of the marriage, the value of the financial contribution each party has made to the household, and whether the parties had concluded a written agreement as to how the distribution is to be made.

natural father's rights

In terms of the 'Natural Fathers of Children born out of Wedlock Act 86/1997 fathers are able to obtain legal rights to both custody and access to their children. The procedure one follows is through the High Court with the assistance of the Family Advocate and/or independent Psychologists.

Support groups are available for fathers in this situation.

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