The use of forensic accountants in divorce proceedings
In every divorce matter whether it is resolved by mediation, litigation or an alternative dispute resolution method, it is always necessary to calculate the value of each divorcing spouses’ estate (or their joint estate) and the spouses’ monthly income and expenditure prior to divorce.
Whilst this at first glance may seem a relatively simple exercise, there are a number of factors which can and do complicate the situation.
Divorces tend to bring out the worst in people – even people who are ordinarily fair minded are often affected by the emotions that accompany a divorce – and the honest and open disclosure of documentation necessary for the purposes of calculating the values required are not readily forthcoming. (more…)
Social Media and Divorce
The Daily Mail UK online published an article on the 29th of April 2015, setting out some startling statistics pertaining to the incidences of social media being cited as the catalyst which led to a divorce (the statistics were compiled by the law firm Slater and Gordon). According to the study undertaken by Slater and Gordon, one in seven spouses felt strongly enough about their spouse’s postings on Facebook that they considered divorce, a similar number utilised social media platforms to uncover infidelity and approximately one in five say spouses have regular arguments due to the manner in which their spouse utilises social media. (Read more)
The impact of social media is also often felt after the decision has been taken to divorce and the spouses are in the throes of the process. It is often almost impossible for an injured spouse to resist the urge to take to a social media platform and share their feelings regarding their spouse who has either injured their feelings by embarking on an extra-marital affair, failed )to pay what they consider to be appropriate maintenance for children, or simply their feelings of anger simply due to the fact that their spouse has abandoned them. On the other side of the coin are the divorcing spouses who publish pictures of new partners or joyful announcements at the fact that they have ditched their “old” spouse and are in the process of moving on to newer and better pastures. (more…)
Single Moms and Maintenance
This issue is very closely related to the parental responsibilities and rights of unmarried fathers so a good starting point is to analyse what the Children’s Act 38 of 2005 says about the responsibilities of unmarried fathers towards their children.
Firstly, section 19 of the Act automatically confers full parental responsibilities and rights on the biological mother of a child. What this means is that the mother of the child has responsibility and right to care for the child, maintain contact with the child, act as the guardian of the child and contribute towards the maintenance of the child. (more…)
Oh baby! What rights do unmarried dads have with their children
South African law automatically gives full parental responsibilities and rights to a child’s biological mother. But what rights do fathers have?
The biological father of a child also has full responsibilities and rights if his is married to the child’s mother or if he was married to the child’s mother at the time of conception, birth or any time in between. (more…)
When can a court refuse to grant a divorce?
In most cases, once a couple has proved on acceptable grounds that their marriage has irretrievably broken down the court does not have discretion to then refuse to grant them an order of divorce.
One exception to this rule, however, is outlined in section 5A of the Divorce Act. This section says that if the court believes that, despite the granting of an order of divorce, either one or both of the spouses will not be free to remarry because of religious conventions unless the marriage is also dissolved in accordance with their religion’s requirements or a barrier to re-marriage of either spouse is removed, the court may refuse to grant the order of divorce. (more…)
Understanding legal grounds for divorce
Before 1979, the grounds for divorce in South Africa included adultery, malicious desertion, incurable mental illness and imprisonment for at least five years of a spouse who was a habitual criminal. Essentially, this meant that in divorce there was always an innocent and a guilty party. Then, in 1979, the Divorce Act was introduced. This redefined the grounds for divorce to include the irretrievable breakdown of a marriage, mental illness or the continuous unconsciousness of a party to the marriage. Many people heading for the divorce courts wrongly think that if their spouse has committed adultery it will have a positive effect on their financial outcome from the proceedings and will support an argument for reparations. (more…)
The content in this blog is provided for general information purposes only and does not constitute legal or other professional advice. Copyright ©GillianLowndes2013