In general a Court has no discretion to deny a divorce where the irretrievable breakdown of the marriage has been proved.
This encompasses the payment of money towards the maintenance for the child or spouse in accordance with his or her respective needs.
When the court makes a maintenance order, following factors are taken into account:
In terms of the Divorce Act, a court order may order a spouse to transfer a portion of his estate to the other spouse if the court is satisfied that the spouse directly or indirectly, financially or otherwise (for example by assisting the other spouse to effect savings, or by rendering other services or forms of assistance), contributed to the increase or maintenance of the other spouse’s estate.
Redistribution orders apply to spouses married out of community of property before the month of November 1984, without any form of accrual.
Underlying principal in respect of the forfeiture of patrimonial benefits is that no one should benefit financially from a marriage, which he or she has caused to fail.
The court therefore has the discretion to order that one spouse loses the claim, which he or she has, to the assets for the other spouse or any other benefits the spouse would have ordinarily been entitled to.
Before finalisation of the divorce action, application can be made to court in respect of the following:
We are also able to assist you in the following areas of family law:
Chris Coetzee obtained the degrees BA(Cum Laude) and LLB(Cum Laude) from the North West University(then Potchefstroom University for Chistian Higher Education), during 1988 and 1990 respectively.
He was admitted as an attorney in 1994. In 1996 he was also admitted as a conveyancer.During 1999, Chris was appointed as a Notary Public. He is admitted to appear in the High Court of South Africa.
Chris is Managing Director at the firm, and mainly concentrates on Property Law, Commercial Law and High Court Litigation.
He is a long-standing member of the Law Society of the Northern Provinces( now the LPC)