Legal separation and annulment services

FAQ for Legal Separation and Annulment Services

What is a legal separation?

A legal separation is a court order that grants married couples the right to live apart from each other. It does not dissolve the marriage, but it does provide legal clarity about the division of assets, child custody, and support.

How do I obtain a legal separation?

To obtain a legal separation, you need to file an application at the High Court. You will need to provide evidence that your marriage has broken down irretrievably and that you and your spouse have been living apart for at least two years.

What is an annulment?

An annulment is a legal process that declares a marriage null and void. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as if it never existed.

What are the grounds for an annulment?

The grounds for an annulment include:

• One or both parties were underage at the time of the marriage
• One or both parties were already married at the time of the marriage
• The marriage was entered into under duress or by fraud
• One or both parties lacked the mental capacity to consent to the marriage

How do I obtain an annulment?

To obtain an annulment, you need to file an application at the High Court. You will need to provide evidence that your marriage is voidable based on one of the grounds for annulment.

Do I need a lawyer to obtain a legal separation or annulment?

While it is possible to represent yourself in court, it is highly recommended that you seek the advice and guidance of a qualified lawyer. A lawyer can help you navigate the legal process and ensure that your rights are protected.

How long does the legal separation or annulment process take?

The length of the legal separation or annulment process can vary depending on the complexity of the case and the court's workload. However, it typically takes several months to complete.

What are the advantages of a legal separation over a divorce?

The advantages of a legal separation over a divorce include:

• It allows the couple to remain legally married, which can be beneficial for religious or personal reasons.
• It provides legal clarity about issues such as child custody, support, and the division of assets.
• If the couple reconciles, they can easily resume their marriage without having to remarry.

What are the advantages of an annulment over a divorce?

The advantages of an annulment over a divorce include:

• It treats the marriage as if it never existed, which can be beneficial for religious or personal reasons.
• It may be easier to obtain an annulment than a divorce if the marriage is voidable.
• If the couple reconciles, they can easily resume their marriage without having to remarry.

Can I remarry after a legal separation or annulment?

If you obtain a legal separation, you cannot remarry unless you obtain a divorce. If you obtain an annulment, you are free to remarry immediately.

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/