Fault-based divorce representation

FAQ for Fault-based divorce representation

What is fault-based divorce?

Fault-based divorce is a type of divorce in which one spouse alleges that the other spouse is responsible for the marriage breakdown. The most common grounds for fault-based divorce in South Africa include adultery, desertion, physical or mental abuse, addiction to drugs or alcohol, and irretrievable breakdown of the marriage.

How long does the fault-based divorce process take?

The length of the fault-based divorce process in South Africa depends on various factors, such as the complexity of the case, the cooperation of both parties, and the court's availability. Generally, the process takes between 6 and 18 months.

Can I file for a fault-based divorce if I have been separated from my spouse for a long time?

Yes, you can file for a fault-based divorce even if you have been separated from your spouse for a long time. However, in this case, you will need to prove that the grounds for divorce existed at the time when you were still living together.

What are the advantages of a fault-based divorce?

The advantages of a fault-based divorce in South Africa include the possibility of obtaining a higher amount of maintenance or a larger share of the matrimonial property, depending on the circumstances of the case.

What are the disadvantages of a fault-based divorce?

The disadvantages of a fault-based divorce in South Africa include the emotional stress and financial cost of the process, as well as the potential for a longer and more contentious legal battle.

Can I change my mind and switch to a no-fault divorce during the process?

Yes, you can change your mind and switch to a no-fault divorce during the process. However, this will require the consent of your spouse and may result in additional legal fees and delays.

Do I need a lawyer for a fault-based divorce?

While it is not mandatory to hire a lawyer for a fault-based divorce in South Africa, it is highly recommended. A lawyer can provide you with legal advice, help you navigate the legal system, and represent you in court.

Divorce lawyers in South Africa handle legal matters related to the dissolution of marriages and the associated legal issues such as spousal support, child custody, and division of assets. Divorce law in South Africa is primarily governed by the Divorce Act of 1979. This act provides the legal framework for divorce proceedings and the resolution of related matters. The Law Society of South Africa, along with its provincial branches, oversees and provides guidance to divorce lawyers. To find more information about divorce law and the Law Society of South Africa, you can visit the following links:

1. Divorce Act: https://www.justice.gov.za/legislation/acts/1979-070.pdf
2. Law Society of South Africa: https://www.lssa.org.za/