Asked by the Customer on 25-08-2014 17:57:29
Question posted in the Divorce Law category relating to Eastern Cape
Question posted in the Divorce Law category relating to Eastern Cape
My husband is German with permanent residence and lived in SA for over 15 years. I am South African. We got married in Germany on holiday some years back while both living in SA and drew up a pre-nup before we left to go to Germany. We are both still living in SA. When i returned to SA after the wedding I registered my marriage at Home Affairs. We want a divorce and now do not know how that wll affect us in terms of legality and country of divorce.
Further information relating to Question:
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Message from the Attorney
Posted by Att. Patrick on 25-08-2014 22:42:40
Hi there Kattie and thank you for your question,
First, can you please let me know whether or not you had your pre-nup agreement drawn up by an attorney, and did you sign it before a Notary Public, and was the pre-nup registered in the Deeds Office? That is quite important, as it will assist me in determining if you are married in community of property or not. You don't really make it clear in your question.
From what I can see, you are legally married. The marriage would however have been done in accordance with German Law, as you were married in Germany. It does not matter that you are South African, and that your husband is living here - the marriage would still have been fine. Also, you said that you got married in German while "on holiday"... which leads me to believe that you are both domiciled in South Africa.
The South African courts will only entertain a divorce case here if both of the parties to the marriage are domiciled in South Africa. That means that this is where you both consider to be your home - the place that you would return to. From what you've said in your question it seems to me that you are both domiciled in South Africa. You - definitely. Your husband - I've very sure.
You can therefore get divorced here in South Africa.
It is good that you had the marriage registered at Home Affairs as it makes things easier in Court. It also confirms the Court's jurisdiction to hear the divorce!
All you need is a good divorce attorney - somebody who can assist you two in reaching a quick divorce agreement with the least dispute. A clean break is much better than a long, protracted divorce!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
First, can you please let me know whether or not you had your pre-nup agreement drawn up by an attorney, and did you sign it before a Notary Public, and was the pre-nup registered in the Deeds Office? That is quite important, as it will assist me in determining if you are married in community of property or not. You don't really make it clear in your question.
From what I can see, you are legally married. The marriage would however have been done in accordance with German Law, as you were married in Germany. It does not matter that you are South African, and that your husband is living here - the marriage would still have been fine. Also, you said that you got married in German while "on holiday"... which leads me to believe that you are both domiciled in South Africa.
The South African courts will only entertain a divorce case here if both of the parties to the marriage are domiciled in South Africa. That means that this is where you both consider to be your home - the place that you would return to. From what you've said in your question it seems to me that you are both domiciled in South Africa. You - definitely. Your husband - I've very sure.
You can therefore get divorced here in South Africa.
It is good that you had the marriage registered at Home Affairs as it makes things easier in Court. It also confirms the Court's jurisdiction to hear the divorce!
All you need is a good divorce attorney - somebody who can assist you two in reaching a quick divorce agreement with the least dispute. A clean break is much better than a long, protracted divorce!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Message from the Customer
The Pre-nup was done by a lawyer and all procedures and legalities were followed. The pre-nup was 'Out of community of Property without any accrual'.
Message from the Attorney
Posted by Att. Patrick on 26-08-2014 08:17:53
Hi again,
If the pre-nup was done by a lawyer, and registered at the Deeds Office, then I am of the opinion that you are married 'Out of community of Property without any accrual' as you say.
Your divorce should therefore be quite simple.
Good luck!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
If the pre-nup was done by a lawyer, and registered at the Deeds Office, then I am of the opinion that you are married 'Out of community of Property without any accrual' as you say.
Your divorce should therefore be quite simple.
Good luck!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Answer Accepted
This answer was accepted on 26-08-2014 08:28:49
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