DIVORCE LAW part 3

 

Divorce issues explained – Access to children
A non custodian parent is entitled to reasonable access in the absence of a court order stating otherwise.
No specific court order is required to affect the right to reasonable access. Divorce courts often fail to make a specific ruling in regard to access. To hinder or obstruct a party in enforcing such a right is an offence and may cause the offending party to be found guilty of contempt of court. The aggrieved party to an access order granted can approach the court for variation.
Access may be limited by the court in instances where the best interest of the children require such intervention.

Divorce issues explained –maintenance
Divorce will place an extra burden on the party in whose favour a custody order was granted. This parent now also has the duty to care for the children. The divorce court will subsequently also make an order in regard to maintenance for such children.
This order can later be enforced or varied by means of filing a complaint at the maintenance court that has jurisdiction in the matter. The divorce court may also grant an order for maintenance in favour of one of the parties to such a divorce.
Such an order can also be enforced or varied at a local maintenance court with jurisdiction in the matter.
The divorce court can also be requested to grant an interim order for maintenance where such a divorce is still pending.
We have an entire section devoted to maintenance – See questions here

Divorce issues explained – Division of property

  • The property regime applicable to such a marriage will decide how property will be distributed at time of divorce.
  • In the absence of an ante nuptial agreement covering such division, the court will make a ruling in regard to the matter.
  • If married in community of property, the joint estate will be divided equally between the parties and debts will also be shared.
  • If married out of community of property with accrual, the parties will share in the net accrual amount as previously explained. Some assets like donations and gifts will not be shared.
  • If married out of community of property without accrual, no division will take place and the parties will retain all their property acquired before and during the marriage.

Divorce issues explained – Division of property
A pension interest can be split at divorce only if you were divorced on or after 13 September 2007. If the divorce was granted before this date, the non-member spouse has to wait until the member spouse dies, withdraws his or her pension interest or retires in order to claim his or her share of the benefit.
There are a number of conditions that must be met before funds and administrators may split pension assets:

  • The divorce order must specifically state that the spouse who is not a member of the fund is entitled to a pension interest, as defined in the Divorce Act.
  • The divorce order must specify the non-member spouse’s share of the pension interest as a percentage or rand amount
  • The fund that has to deduct the share of the pension interest must be named or identifiable; and
  • The fund must be expressly ordered to endorse its records and pay the share of the pension interest.
  • The Divorce Act defines the pension interest that can be taken into account in a divorce order or a settlement agreement.

A pension interest excludes a monthly pension from a guaranteed annuity or an investment-linked annuity that was bought with retirement fund savings. It also excludes any withdrawal benefit paid out on resignation or retrenchment or as a lump sum on retirement. If your divorce order is found to be unenforceable against your former spouse’s fund, you will still have a claim to the pension interest to which you are entitled – for this you will need to consult with a divorce lawyer.

Customary marriage divorces
The same grounds for divorce as for the divorce of a civil union, applies here. See also the Recognition of Customary Marriages Act. If the court is satisfied that irretrievable breakdown of a marriage is present, a divorce order can be granted.
The court will also make a ruling in regard to maintenance for the children with regard to any customary law arrangements made. A ruling will also be made regarding custody and guardianship of the minor children.
Lobolo is neither a dowry nor a form of compensation. Lobolo is a form of security placed by the groom in the care of the bride’s father. Should the groom in later years be found to be unworthy of his wife he could forfeit the lobolo. On the other hand, if she turns out to be inadequate, he could be reimbursed with the lobolo

LIFE… with Elsa

Why think about enhancing your business with NLP?
Some people are in business because it’s their passion. Others are simply doing it for the money or passing time. Whatever the reason might be for being in business, it’s important to always have an enhancement-like mindset towards your business.
First things first: Find the balance between your passion and making profit or passing time and making profit. This balance is crucial when developing your business.
What does ‘Enhance your business with NLP’ entail?

  • Stage 1. Identifying the blockages preventing success / growth.
    The reason for a business consulting with a Master NLP practitioner would be to help the business grow, make more money, improve staff performance, enhance confidence etc.
    As a Master NLP Coach, looking out of a study of Public Relations, Communications & Business Management, I am of the opinion that the secret to having a successful business is inside of us all, we just need to be brave enough to access / enhance / find it. I specialise in determining what hinders the accessing / enhancing / finding process as well as removing it.
    In order for the above stage to be successful, trust and building rapport, is essential. That’s why I always recommend an introduction meeting to test whether the business / client and I are compatible.
    Even though the target is to enhance the business, I start with the owner / employer first, and only if necessary will move on to the rest of the employees.
  • Stage 2. Business Coaching and Business Developing.
    After identifying and removing the blockages, the business needs to be steered in a new direction to ensure the business benefits with all the new qualities installed.
    This is something that the business can implement themselves, but I prefer to assist in this because it ensures client satisfaction, thoroughness, efficiency and success.
  • Stage 3. Marketing Strategies
    After stage one and two, a review of the business’ current marketing strategies are necessary to ensure the goals set are met.
  • Stage 4. Staff / Leadership / Skills Development
    This is not applicable to all businesses, but will be explored to make sure everything is in place for the business to reach its new destined heights!

ONE-HECTARE ONE-HOUSEHOLD IN PLETTENBERG BAY

Bitou executive mayor and deputy director of rural develoopment launches one-hectare one-household in plettenberg bay.
Plettenberg Bay’s Bitou Municipality is the first municipality in the country to implement One Hectare One Household Program an initiative of department of Rural Development and Land Reform. In an event attended by all small famers from Bitou municipality communities the deputy minister Ms. Mashego-Dlamini said Bitou municipality is the first to use its land in support of one-hectare one household program.
After the office of the executive mayor approached the department about this program, it was taken to council where it was approved and now we will enter into agreement with department of Rural Development.
Peter Lobese Bitou Executive Mayor had gave assistance of R50 000 through his grant in aid in support of Umyezo Garden which was also visited by the deputy director of Rural Development to launch One Hectare One Household on Thursday, 29 June 2017 where she verified that Bitou Municipality is the first municipality to implement this program.
The deputy minister also pledges to support Umyezo Garden with garden tools, he further more promise to buy tractor, plough and a portable water pump for Umyezo Garden. She will
also provide necessary irrigation system and tools for them.
The program will create many opportunities for the people of Plettenebrg Bay such as dealing with povetry eradication, unemployment, provide skills for locals, grow agricultural economic growth that is current contribute 4% of Bitou GDP.
Bitou Municipality Executive Mayor Cllr Peter Lobese also want to identify more land to be avail towards project of poverty eradication and unemployment. The mayor want this project to go especial to the community of Crags, Harkeville, Kranshoek, Green Valley, Qolweni and Bossiesgif.

TIMBER FESTIVAL TO GO AHEAD

 

The Knysna Timber Festival 2017 will go ahead as planned from 29 September to 1 October – and it’ll take place as usual at its traditional venue at Timber Village, despite the fact that Timber Village was burned to the ground during the town’s recent devastating fires.
The Knysna Timber Initiative – the organisers of the event – see this year’s Festival as an important milestone during which members of the industry can meet and help one another in restarting and re-growing the Garden Route’s hard-hit timber economy.
“Everyone was affected by the fires, and everyone’s rebuilding with a strong spirit of community,” said the Initiative’s chairperson, Morné Smith.
“The timber industry provides jobs and incomes for thousands of people in the region, and the Festival is an opportunity to showcase the deep level of skills – and the high quality of the products – for which Knysna has become famous,” he said.

FESTIVAL HIGHLIGHTS
The exhibitors at this year’s festival have been drawn from a broad spectrum of the timber economy – furniture manufacturers, timber growers, wood millers, timber buyers, members of the timber construction industry, etc. – while indoor and outdoor exhibitions and demonstrations areas will provide spaces for conversations, talks, presentations, and films about wood and working with wood.
And with activities for children and adults alike (and an exciting entertainment area, with live music, a beer tent, and children’s play space), this year’s Knysna Timber Festival has been designed with families in mind.
SKILLS TRANSFER – AND ABOUT THOSE OWLS
“One of the most important aspects of the Festival is the fact that it’s a platform for training and skills transfer, and we’re proud to announce that Woodoc Food for Wood will be sponsoring our training programme this year,” said Ms. De Bruin.
“And Woodoc will also be there with their Woodoc Owl Box Project, too – which is particularly appropriate this year as people around the Garden Route do whatever they can for the birds, bees, and wild animals that were also severely affected by the fires,” she said.

WOOD-MIZER DONATES A SAWMILL
Mr. Smith said that Wood-Mizer – the global leader in stationary and portable sawmills – has donated a brand new Wood-Mizer LT20B Diesel sawmill to the Knysna Timber Initiative, which will be used for at least six months to provide processed timber for the reconstruction of homes in some of the underprivileged areas that were affected by the fires.
“As a long-term project, the mill will be made available to community projects that require timber to be milled, and also as a facility for training operators in the use of a bandsaw mill,” said Jean-Jacques Oelofse, Wood-Mizer’s Corporate Director – Emerging Markets (See full statement below).

DIVORCE LAW part 2

What are the grounds for divorce?
The two grounds for divorce are:

  • Irretrievable breakdown of the marriage, or
  • Mental illness or continuous unconsciousness of a spouse.

Irretrievable breakdown implies that the spouses in a marriage are unable to continue living together as man and wife.
Two requirements are needed for Irretrievable breakdown of a marriage:

  • The marriage relationship must no longer be normal, and
  • There should be no prospect of the restoration of a normal marriage relationship between the spouses.

What would be considered as being normal should be sought in the consortium concept which embraces everything that pertains to the married state i.e. companionship, love, sexual intercourse etc. If such consortium is terminated or seriously disrupted through the behaviour of a spouse it could be said that that the relationship is no longer normal.
To determine whether the consortium is seriously violated or terminated, the court will follow a subjective as well as an objective approach.
Section 4 (3) of the Divorce Act 70 of 1979 give authority to the court of divorce to postpone the proceedings in order that the parties may attempt a reconciliation if there is a reasonable possibility that they may reconcile through council, treatment or reflection.
In Swartz v Swartz 1984 4 SA 467 (A) 475 it was stated that in determining whether a marriage has reached a stage of irretrievable breakdown, the court will also have regard to the history of the relationship up to the date of the divorce application as well as the attitude of the parties at the trail to the marriage relationship, as revealed by the evidence.
The party that requires the divorce has the onus (duty) of proof that irretrievable breakdown exist in the marriage. The court must be satisfied that the marriage is in such state that no reasonable prospect exists that the parties will get back together, i.e. that one spouse deserted the other spouse etc.
When claiming for a divorce on the ground that a spouse is mentally ill, the court must be satisfied that such a person was admitted to or detained in a mental institution and has been so instituted for a period of at least two years without a prognosis to be cured.
If the other spouse is unconscious, the court must be satisfied that this has been the case for at least six months prior to such an application for divorce and in the absence of any prognosis for recovery.

Divorce issues explained – custody

  • Custody of children has two legs;
  • Joint custody, and
  • Sole custody.

Where parents share joint legal and joint physical custody, they contribute equally in making decisions regarding the children’s upbringing and welfare. They also spend equal time with such children. This situation would be stressful to children so involved and cause personal difficulties in the children’s routine i.e. schooling, etc.
Such an arrangement will also cause practical household problems i.e. the provision of two households equipped to cater for the child’s needs on a permanent basis, etc. This type of arrangement is usually impractical and thus not generally enforced.
Joint legal custody is more commonly enforced. Both parents share in long term decision making regarding the child’s welfare and upbringing but physical custody is awarded to one of the parents.
Sole custody will not easily be awarded to a parent due to the restrictions it places on the rights of the other parent.
When awarded sole custody, such parent will have exclusive legal and physical custody rights in regard to the child.
Awards of such nature are limited to instances where the non custodial parent is found incapable to be responsible i.e. drug addicts, etc. The non custodian parent may apply for limited visitation rights, to be supervised in cases of previous child abuse etc.
An interim custody awards can also be applied for by a parent if good cause exists i.e. in cases of child abuse, etc.

The role of the family advocate in divorce cases
Each division of the High court has a family advocate’s office available to assist the court in divorce matters. The function of the family advocate is primarily to investigate guardianship, custody and custodian right issues and recommend actions to the court for implementation.
He may also act as court representative to children whose parents are party to a litigated divorce.
The court may also request the family advocate holding an enquiry to ascertain the best interest of such minor children.
A party to a divorce can also request the family advocate holding such an enquiry i.e. in custody disputes where both parents require custody.
The party requesting such an enquiry will not be charged any fees in regard to such an enquiry held.