Category: Divorce

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Deceased Estates Divorce Family Law

DIVORCE AND YOUR LAST WILL AND TESTAMENT

A divorced person has THREE MONTHS to change his or her will.

From the date of a divorce being granted, the FORMER SPOUSE IS DISQUALIFIED TO INHERET in accordance with the last will and testament of the testator, for a period of three months.

We can assist you to draft your new will.

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Divorce Family Law

DIVORCE

IRRETRIEVABLE BREAKDOWN OF A MARRIAGE

Section 4(1) of the Divorce Act 70 of 1979 provides for two distinct requirements to establish an irretrievable breakdown of the marriage:

  • The marriage between the parties has irretrievably broken down.
  • No reasonable prospect of a normal marital relationship between the parties.

Section 4(2) of the Divorce Act 70 of 1979 provides examples of marriage breakdown:

  • The parties have not lived together as husband and wife for at least one year.
  • The defendant committed adultery, and the plaintiff cannot continue with the marriage.
  • The defendant is declared a habitual criminal and is in prison.
Categories
Divorce Family Law

GROUNDS FOR DIVORCE

Section 4 and Section 5 of the Divorce Act 70 of 1979 provides for the following grounds for divorce:

  • Section 4: The irretrievable breakdown of the marriage.
  • Section 5: Mental illness or continuous unconsciousness of a party to the marriage.