Good dayI got dirvoced 2018 September, w...

Asked by Mduduzi on 20-09-2021 16:02:01
Question posted in the Divorce Law category relating to Mpumalanga

Good day

I got dirvoced 2018 September, we reconciled almost immediately, but the decree was issued, we carried on living as a normal married couple and bought a house together.

I wish to get out of the marriage permanently, does the decree still stand or I would need to file again?

Information Requested by Lawyer

Posted by Att. Patrick on 20-09-2021 16:14:00

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

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Att. Patrick

Answer to the Question

Posted by Att. Patrick on 20-09-2021 16:15:47

If you received a Court Order (sometimes called a decree of divorce) then you are divorced. 

The fact that you have lived together after that does NOT revive the marriage. Also, it does not create any sort of common law marriage. 

Therefore, factually, you are not married. You are divorced. 

To answer your question, the decree of divorce remains. You are divorced. You do not need to file for divorce again.

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 to be 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.

Information provided by client

what about the house we bought together? which was after we received the decree.

Answer to the Question

Posted by Att. Patrick on 20-09-2021 16:29:45

The house was then bought by the two of you, as individual people, 50/50 partnership. So you both own 50% of the house. You are simply co-owners of the property, just like you might buy a house with your sibling, or a friend. You are just co-owners of the property. 

If you were still married, it would be a different story. But you're not married. 

I hope that this helps?

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