In the past it used to be that the High Court of South Africa was the only Court that had the power to grant a divorce. The law was amended when the Regional Courts Amendment Act came into effect to allow Regional Courts to also deal with divorce cases. What this means is that if you want a divorce you can now also go to the Regional Magistrates Court. The advantage of this is that the Regional Magistrates Court is faster and cheaper than the High Court. Only a Court can officially grant a divorce in South Africa. Without a court order, husband and wife will still be married if they registered their marriage. To get a court order, you will have to file some formal court documents. These court documents explain to the court why you getting a divorce The court documents will also include maintenance and child custody issues
Before you approach the Court to start divorce proceedings, you will should get certified copies of as many of the following documents as you can: your identity document, your Ante-Nuptial Agreement, if you have one, the children’s births certificates, if any and your marriage certificate.
=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
EMAIL: Law@legal-leaders.co.za
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=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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=== FREE DOWNLOADS ===
🧒 South African Child’s Best Interest Checklist
✔️ Know what factors the Court will look at when deciding custody in your case.
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⭐ Legal documents and Divorce Process in South Africa Checklist
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👫 FREE Parenting Plan Guide
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=== TIME STAMPS===
00:00 Three strategies to prove the other parent is unfit for sole custody in divorce
00:50 Strategy 1 – Can you show that the other parent has an addiction problem?
02:48 Strategy 2 – Can you show that the other parent neglects the child?
03:53 Strategy 3 – Can you show that the other parent abuses the child?
04:05 Best interests of the child
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=== RESOURCES CITED IN THIS VIDEO===
Section 28 of the Constitution – Children’s Rights
=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice to your specific situation
#custodybattle #childcustody #SouthAfricanDivorceLaw
