Difference between revisions of "Alternatives to Divorce (3:VII)"

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(Created page with "{{LSLAP Manual TOC|expanded = family}} == A. Annulment == An annulment differs conceptually from a divorce because a divorce terminates a legal status, whereas an annulment...")
 
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These are common law rules.  
These are common law rules.  


'''NOTE:''' If a marriage is found to be void, this does not affect the property claims that a party might have. Pursuant to s 56 of the ''DA'', the matrimonial regime still applies in this situation.  
'''NOTE:''' If a marriage is found to be void, this does not affect the property claims that a party might have. Pursuant to s 56 of the ''FRA'' and s 21 of the ''FLA'', the matrimonial regime still applies in this situation.


== B. Judicial Separation ==
== B. Judicial Separation ==


The Court can no longer grant a judicial separation. Judicial separation was formerly used to sever the legal obligations and liabilities between a married couple without terminating the marriage, when a spouse’s religion forbade divorce.
The Court can no longer grant a judicial separation. Judicial separation was formerly used to sever the legal obligations and liabilities between a married couple without terminating the marriage, when a spouse’s religion forbade divorce.
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