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I have been married to my husband for more than 20 years. We were both in our early twenties when we were married according to customary rites as well as civilly out of community of property. Since then my husband has built up a few successful businesses and a few years ago we created our own post-nuptial agreement to confirm that we see ourselves as married in community of property. Unfortunately, we have fallen on troubled times and wish to get divorced. My husband says we are still married out of community of property as the agreement we signed late is invalid. Is this true?

The first step is to make an application to Court to serve the summons upon the person by way of edictal citation or substituted service.

Spouses who we were married in community of property and subsequently got divorced. What’s next regarding their creditors?

Did you know that more than 55,6% of all divorces in South Africa are spouses who have children under the age of 18 years?

Whether or not there is a need to specifically plead a claim for a pension interest in the summons or plea and/or counterclaim in order for the Court to order a retirement fund to pay the pension interest to the non-member spouse?  

When you are married in community of property and both estates of spouses are joined, the following applies regarding proceeding to summons for damage.

Can I sue the third party who, according to me, caused the breakdown of my marriage, by entering into an adultery relationship with my wife?  

My husband has just passed away. We were married in community of property. It has however now transpired that his will still determines that his ex-wife is the sole heir of his estate. Where does this leave me, and does she have a right to his whole estate?

I’m currently in the process of getting divorced from my wife. The whole process has been terribly stressful and I have now also lost my job. The interim maintenance order requires me to pay maintenance for my wife and two minor children which I cannot fully pay now that I don’t have a job. Is there any way I can appeal the interim order and have it changed?

When one spouse is living in South Africa and the other overseas, he or she is able to institute divorce proceedings through the divorce courts in South Africa.

The above stated question is one most attorneys have to answer before a client can give instructions to institute divorce proceedings. The answer to this question is quite simple; depending on whether the divorce is contested or not, each divorce proceeding is dealt with based on its own merits and has no specific time frame.