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The nuts and bolts of divorcing in South Africa

11 January 2019 7:48 AM
Tags:
Divorce
Community of Property
out of community of property

Family Law attorney at Ceri Von Ludwig Attorneys, Ceri Von Ludwig discusses SA divorces laws and how it works.

Divorce can be very traumatic and divorce rates are high. Now the world's richest couple, Amazon founder Jeff Bezos and his wife MacKenzie are divorcing after 25 years of marriage following revelations of his ongoing extra-marital affair. Bezos is worth $140 billion.

READ: Here are the latest SA marriage and divorce rates

To discuss the legalities of divorce, Bruce Whitfield speaks to Family Law attorney at Ceri Von Ludwig Attorneys, Ceri Von Ludwig.

Von Ludwig says when there is a large amount of money available, the issues become easier, adding that the difficulty arises when there is simply not enough money for all parties.

It is really heartbreaking in divorces when there isn't enough money and you are trying to divide it. When there is plenty of money, you always know that there will be enough for everyone.

Ceri Von Ludwig, Family Law attorney at Ceri Von Ludwig Attorneys

She adds that South African courts look at the application of law rather than fairness.

The law simply says, which matrimonial property regime did you choose? Are you married in community of property, are you married out of community of property without the accrual or are you married out of community of property with the accrual? And then we apply whatever matrimonial regime the parties have chosen.

Ceri Von Ludwig, Family Law attorney at Ceri Von Ludwig Attorneys

She says no details of divorce settlements may be published.

There is almost always a gag order in the agreement of settlement.

Ceri Von Ludwig, Family Law attorney at Ceri Von Ludwig Attorneys

And as for divorce rates?

Matrimonial harmony is not great in this country.

Ceri Von Ludwig, Family Law attorney at Ceri Von Ludwig Attorneys

Listen below to the full interview where Von Ludwig details how SA divorces work:


11 January 2019 7:48 AM
Tags:
Divorce
Community of Property
out of community of property

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