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The finalization of a divorce is often perceived as the closing of one chapter and the commencement of a new, separate life for former spouses.
Divorces often take a long time to be finalised, especially when contested. This usually translates into a huge financial burden on the shoulders of the spouse with the lesser means. Rule 43 of the Uniform Rules (High Court) provides for interim relief pertaining to the challenge mentioned above, and others as provided in the rule.
It stands to that premise therefore, that parties feel the urge to retain the matrimonial house after a divorce process. In these disagreements with regards to the house, the Courts simply apply the legal rules much to the disappointment or relief of either party.
In the case of one couple who were married in community of property, the wife (plaintiff) filed a claim for forfeiture of her husband’s (defendant) patrimonial benefits in terms of section 9(1) of the Divorce Act.
As a parent you and your partner both have rights and responsibilities regarding the parenting and raising of your children.
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