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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

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Married in South Africa - Want to Divorce in UK

  • jcbrown
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12 Mar 08 #16627 by jcbrown
Topic started by jcbrown
Hi, My wife and I got married in South Africa 9 years ago and we moved to the UK 4.5 years ago how do we ago about getting a divorce ? Do we need to have it done in South Africa ? We never married in the UK or registered the marriage in the UK please assist where you can. Many thanks !

  • Fiona
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12 Mar 08 #16631 by Fiona
Reply from Fiona
You are habitually resident in the UK so you are able to divorce here.

  • attilladahun
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12 Mar 08 #16638 by attilladahun
Reply from attilladahun
Divorce here!!!

Can a South African court divorce South Africans living permanently abroad?
Q I am married to a South African and want to get a divorce. We were married in South Africa about 4 years ago and have been separated for 2½ years. We now both live in New Zealand and have agreed on the terms and conditions of our divorce including the custody of our 4 year old daughter. Does one of us have to be present in South Africa to be able to complete the divorce process or can it be handled remotely by South African lawyer on our behalf? Also what would be the costs for undefended proceedings?

A In terms of South African law, only a High Court can divorce the parties. The court has jurisdiction where the parties or either of the parties is –

a) Domiciled in the area of the court’s jurisdiction on the date on which the action is instituted; or

b) Ordinarily resident in the area of jurisdiction of the court on the date on which the action is instituted or has been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date.

As both the parties appear to be permanently resident in New Zealand, a South African court would not have jurisdiction to hear the divorce action and you would have to institute action for divorce out of a New Zealand court. That court would have to apply South African law

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