What does Section 28 of the Constitution say?

No child should work when under-age, or do work that would interfere with his or her education or development.

What are the divorce laws in South Africa?

In South Africa, we have a ‘no fault’ system of divorce, meaning that a divorce will be granted if one of the parties believes that there has been an ‘irretrievable breakdown of the marriage relationship’ and that there are no reasonable prospects of restoring it.

Is divorce a civil case in South Africa?

A divorce is a process in terms of which a civil marriage, a customary marriage, civil union or marriage concluded in terms of religious rights is dissolved by a court of law. Previously divorces in South Africa were lodged in the High Courts.

What can you use as grounds for divorce?

  • Adultery or cheating.
  • Bigamy.
  • Desertion.
  • Mental incapacity at time of marriage.
  • Marriage between close relatives.
  • Impotence at time of marriage.
  • Force or fraud in obtaining the marriage.
  • Criminal conviction and/or imprisonment.

What are the sources of family law in South Africa?

FAMILY LAW SOURCES. The Constitution is the supreme source which law is derived from in South Africa. The Constitution outlines the rights of the citizens in South Africa and offers protection to the core components of establishment of a marriage and family life.

Which court deals with divorce in South Africa?

You can divorce in either the Regional Court of the Magistrate Court having jurisdiction in your area or in the High Court. To start the divorce process you need to have a summons served. A divorce summons must be served personally on the defendant by the sheriff of the court.

What is Section 35 of the Constitution of South Africa?

Sections 35(1)(a) and (c) of the Constitution read: “(1) Everyone who is arrested for allegedly committing an offence has the right — (a) to remain silent; . . . (c) not to be compelled to make any confession or admission that could be used in evidence against that person”.

What is Section 27 of the South African Constitution?

27. (1) Everyone has the right to have access to— (a) health care services, including reproductive health care; (b) sufficient food and water; and (c) social security, including, if they are unable to support themselves and their dependants, appropriate social assistance.

What is Section 25 of the South African Constitution?

Section 25(2) of the Constitution of South Africa protects property rights and the White Paper on Land Reform demonstrate tolerance and wisdom in the application of land reform policies.

Who pays for divorce in South Africa?

The court will issue an order confirming who pays what. If the two parties can’t agree on payments, then the court will rule on their behalf. How property and other assets will be divided. Generally, assets and debts are shared when you get divorced, unless a premarital contract was agreed.

What is the process of divorce?

The divorce procedure in India starts from the filing of the divorce petition and ends with the pronouncement of the final order of the divorce. The procedure of divorce is divided into six stages which are – filing of the petition, service of summons, response, trial, interim orders, and final order.

Can a court refuse a divorce?

In the case of five years’ separation, the court has the power to refuse a divorce if the respondent would suffer such severe financial or other hardship that it would be wrong in the circumstances to grant a divorce.

What are the 7 grounds of divorce?

These grounds are such as desertion, adultery, cruelty, venereal disease, leprosy, insanity, and conversion. Under sub-clause (2) of section 13 of the Act, there are available four ground on which the wife alone can file a divorce petition.

What are the 3 main reasons for divorce?

  • Infidelity. Cheating on your spouse not only breaks a vow—it breaks the trust in a relationship.
  • Lack of Intimacy. Physical intimacy is important in any romantic relationship, but it is essential to the growth of a long-term relationship.
  • Communication.
  • Money.
  • Addiction.

How many grounds for divorce are there?

As per this Act, divorce maintenance was originally based on the fault theory and enshrined nine fault grounds in Section 13 (1) on which either the husband or wife could sue for divorce, and two fault grounds in section 13 (2) on which wife alone could seek a divorce.

What are the 5 sources of South African law?

SOURCES OF LAW As South African Law has many sources ie. Common law, legislation or statutes, judicial precedent (court decisions), indigenous law, custom and legal academic writings, it is of practical importance for lawyers to be aware of these different sources which provide the key to the content of the law.

What are the 5 main sources of law?

Main sources of law The Nigerian Constitution. Legislation (Ordinances, Acts, laws, decrees, edicts and bye-laws). Judicial precedents. Customary law.

What are the four main sources of law?

The four sources of federal and state law are: constitutions; statutes and ordinances; rules and regulations; and. case law.

Does the High Court deal with divorce?

Both the Regional Court and High Court can deal with divorce matters.

Can a judge deny a divorce in South Africa?

In terms of section 4(3) of the Divorce Act the Court has discretion to refuse to grant a divorce order and can insist that the matter is postponed or even dismiss the Plaintiff’s action for divorce if the Court is of the view that there is a reasonable possibility that the parties may become reconciled through …

What are my rights as a wife in a divorce in South Africa?

This is the default marital regime for South African marriages, and if you didn’t sign an ante-nuptial contract (“ANC”) before you married, all your assets and liabilities at date of divorce (with a few specific exceptions) will automatically belong to both of you in “undivided shares” i.e. 50/50.

What does Section 12 of the Constitution say?

(a) to make decisions concerning reproduction; (b) to security in and control over their body; (c) not to be subjected to medical or scientific experiments without their informed consent.

What does Section 11 of the Constitution say?

Brief Description. (2) Every person has the right to security of the person, which includes the right to be free from any form of violence from any source, at home, school, work or in any other place.

What is Section 33 of the Constitution?

Section 33 of the Constitution: 1) Everyone has the right to administrative action that is lawful, reasonable and procedurally fair.

What is Section 29 of the Constitution of South Africa?

S 29(1) of the Constitution provides: “Everyone has the right (a) to a basic education, including adult basic education, and (b) to further education, which the state through reasonable measures, must make progressively available and accessible.” As a civil and political right, the right to education provides freedom …

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