Divorce law in South Africa for married couples that are seperating or have already seperated is put in place to help men and women understand the legal requirements and more. When you have to turn to the law, things obviously have not gone too well, you are sitting with a broken marriage, and are past the stage of separation and you and your husband or wife wants to file for divorce. This is definitely not an easy situation to deal with, whether you are parents or not, it is still very traumatic. However, if you have children together it will be extremely hard on them, especially if they are very young. Couples who think that they should no longer be together should not stay together for the sake of their children. Try and settle with something out of court, custody wise, but if you are unable to come to some sort of an agreement, you will have to go the legal route and let a judge sort out your legal matters.
It is advisable not to live with a broken marriage, it will only get worse and with the divorce law in South Africa, you should be able to come to an agreement as parents, with the kids. If you are looking for advice for your specific situation you should visit the magistrate’s court that is nearest to you and see what they have to say. Millions of other couples go through this, if you have tried to reconcile your marriage but to no avail, then there is no other option, but separation. If going to court is the only way to get through this, then that is what you are going to have to do. Remember that going legal is always safe, you are sure to agree with what the magistrate has to say, but if not, don’t worry, you will not be the only one.
Divorce law in South Africa is as reasonable as it gets, no matter the reason for your divorce, if you want it you will get it, but make sure it is what you really want before going ahead with it, it is a very big step.
A Broken Marriage where Children are Involved
A broken marriage where children are involved is something that both parties should try to work out, not only for the children’s sake but also for the sake of preventing the whole thing from going to court. Most of the time there is one member of the party that is willing to get counselling while the other is very reluctant. The reluctant one will normally be the “guilty” one, and the one responsible for the marriage breaking down. If both parties are willing to go for counselling dramatic changes will be required from both parties when it comes to the way they communicate with each other.
If you are in a broken marriage where children are involved, it is not the end. Things can be repaired, but the tools required for the job are the two parties. There are many situations where counselling can help both of you make the necessary changes required to get the relationship back on track, and this may or may not save your marriage. You will find that couples, for the sake of children and the sake of their financial security, will stay in a marriage even though it is rock bottom. In this particular situation, both members are convinced that they are spared of the expenses of divorce and the pain.
If there has been no serious misconduct such as drug and alcohol abuse, domestic violence or extramarital affairs then marriage counselling is an option. This means that the marriage is repairable. Both parties are required to work hard and things are even harder when there are kids involved. The counsellor will work with both parties to make sure that they reach the best outcome. Only once the counsellor is unsuccessful, will divorce be considered. A broken marriage where children are involved can be hard, but it doesn’t have to be the end.