DIVORCE LAW ACT
Marriage is one thing that most couples wish to accomplish in their life. Nevertheless, not all marriages would last forever, and even though some are fixable, others tend to be difficult to resolve. In case of a marriage havoc, a divorce tends to follow in many situations. Divorce is legal in many nations, and in South Africa, it is also legal, but follows a special set of rules. Here is a guide to the divorce law act in South Africa.
THE ORIGINAL LAW
Before 1979, when the first divorce act was implemented, people were allowed to divorce, but in cases of cases such as adultery or desertion. These were the conditions that allowed divorce to be carried out, which was under the standard law. Under the common law, divorce was set on the basis of a fault system. This implied that the divorced as based on the theory that either of the parties was on the wrong. For that, marriage was dissolved mostly as a result of a misconduct.
After July 1979, the divorce law act was revised, and it had a new definition. This law was implemented by the South African Law Commission. The commission found out that it wasn’t fair to conclude that a marriage should be dissolved due to one person’s misconduct. Currently, the Divorce law act is based on a No Fault system. The mental insanity, or unconsciousness are the aspects that allowed people to get divorced. When a woman is divorced, she would not be forced to follow the former husband’s domicile.
If a couple was married when one of the couple is a minor, which makes the person an emancipated minor, then the person will not revert the status of a minor. This will apply if the person has not yet turned 18.
The divorce law act in SA allows couples to remarry, which carries out the process, devoid of any manacles. For a woman, she can choose to drop the previous marriage surname and go back to their maiden surname. She can also have whichever surname that she used previously. Suppose there are items that are immovable that the wife own, there wouldn’t be any need of a new application. This also applies if the woman had the same name as she was being married.
Even after divorce, the father still remains the partial guardian of the children, this applies even if the person is not the custodian parent. The parents would be the ones to determine the following conditions, unless there is a court order;
• Be consulted when the child wants to marry.
• To agree if the child is to be removed from the country by anyone else.
• When the child needs to apply for a passport.
Every rule must be followed by the couples that agree to divorce, and it should also be a joint agreement. Suppose one partner doesn’t agree to the divorce terms, then the divorce might not be approved by the court. The child custody must also be viewed with deep concern, especially when the couple needs to obtain the custody. Generally, the couples must fully understand the rules under the divorce law in South Africa.