
Family Advocate: Neither Friend nor Foe
Are you concerned about the impact of your divorce’s legal procedures on your family? The Office of the Family Advocate exists for this reason.
Are you concerned about the impact of your divorce’s legal procedures on your family? The Office of the Family Advocate exists for this reason.
Family Law is a phrase that is commonly used when referring to the legal field that regulates and resolves family relationships and disputes and, a family attorney is similarly an attorney that specialises in assisting parties to regulate and resolve their family relationships and disputes, even by referring these matters to court on behalf of their clients.
Divorces are generally characterized by the absence of communication, financial insecurity, feelings of loss, and above all, high incidents of overt conflict. To make matters worse, the parties will now have to immerse themselves in legal proceedings for which they neither have the emotional appetite nor the required experience. This is your guide to Surviving Divorce.
Couples very seldom busy themselves with the unpleasant thoughts of divorce and death at the dawn of their married life, and are more often than not, forced to endure the dire consequences of their naivety, especially in light of the fact that almost forty percent of all marriages end in divorce.
All assets and liabilities of the prospective spouses, whether in existence before the marriage or obtained or incurred thereafter, will subsequently form part of the joint estate of the spouses. Certain exceptions to this rule exist, for instance where an asset is specifically excluded from a joint estate by the last will and testament of a deceased parent.
Where the accrual system is specifically excluded, neither spouse will have any claims against the estate or assets of the other even during divorce proceedings. Spouses will be entitled to manage and control their estate without any interference by the other spouse and will also be able to bequeath their assets to any person in terms of a valid last will and testament.
Prospective spouses have an option to choose between two different variants of this system namely either “Out of Comunity of property with the inclusion of the Accrual System” or “Out of Community of Property with the exclusion of the Accrual System”
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