Sometimes marriages fall apart for various reasons and end up in the divorce courts. It is a very unsettling time in ones life. Apart from the emotional effect that break-ups have, there is also all the continued contact due to children born of the marriage and financial implications which bear a heavy weight on the parties involved. An amicable settlement would be ideal but when parties cannot reach settlement, the matter ends up in a trial where a judge has to decide on the patrimonial aspects, arrangements regarding the children and issues of maintenance. The Family Advocate’s office gets involved in assisting the courts in determining what would be in the best interests of minor children. They do so by conducting interviews with the children and parents.
The patrimonial division of the estate is largely based on the type of matrimonial regime that the parties entered into at the time of marrying i.e. community of property, out of community of property, etc. When the division of an estate cannot be agreed upon, the court may appoint a liquidator to investigate where assets are located and even attend to the sale of same.
If the spouse instituting divorce proceedings cannot afford the services of an attorney, he may approach the registrar of the regional court in the area where he resides for assistance with the divorce process. Likewise, indigent persons may approach the Legal Aid Board for free legal representation. Alternatively, if a party institutes or defends a divorce, utilizing the services of an attorney of their choice but cannot afford legal fees or requires interim maintenance, pending the finalisation of the divorce, an application can be made to court for the opposing party to contribute towards this. Ultimately, provided that a party can show that the marriage relationship has irretrievably broken down, a divorce order will be granted.
