Can a divorce decree be reversed in South Africa?
Rule 49(1) provides that a court may rescind or vary a default judgment on such terms as it may deem fit on good cause shown; or if the court is satisfied that there is good reason to do so.
How do I change my divorce decree to another state?
If you have moved, you can ask the court that issued the original order to change the jurisdiction to the new state that you are in. Under certain circumstances, you can ask the court in the new state to modify the order without going back to the original state.
Can I change my divorce settlement?
There Are Two Ways to Adjust Your Divorce Settlement. Don’t panic yet – your divorce settlement can be changed if you successfully prove that it should be. To change a part of your divorce decree, you’ll have to either file an appeal arguing that the judge made a mistake, or request a post-divorce modification.
Can a divorce financial settlement be reopened?
Parties need to remember that once a Consent Order has been approved by the Court, it becomes a final property settlement. It is virtually impossible to re-open a property settlement once it has been finalised.
Can a divorce decree be challenged?
After a divorce becomes final — whether through settlement agreement or after a court decision — either spouse may still have an opportunity to challenge certain decisions made by the court. One or both spouses can seek to appeal or modify their divorce decree.
Can my ex wife claim anything after divorce?
There is a time limit set by the Family Law Act 1975 in relation to parties bringing claims for a division of property following the end of a relationship. In the case of a marriage each party has 12 months from the date of a divorce to file a claim with the court.
Can you be taken back to court after a divorce is final?
The court will consider reopening a divorce settlement only in exceptional cases either where a spouse has failed to provide full and frank disclosure about their wealth and income in divorce proceedings or there has been a material change in a spouse’s circumstances since the agreement was reached.
Do I have to support my wife after divorce?
In short, there is a common law duty imposed upon spouses to support each other whilst the marriage/civil partnership exists but what many people aren’t aware of is that the duty continues after separation as a result of statute. There is no automatic entitlement to spousal maintenance on divorce or dissolution.
Can I sue my ex husband after divorce?
According to the “broken heart” law, if your husband or wife cheats on you and it ends in divorce you are able to sue for damages. It’s called “alienation of affection”, a common tort law, which finds the “other man or woman” at fault for a failed marriage, and makes them pay damages for the love lost.
What do I do if my ex husband stops paying alimony?
You should hire an attorney to assist you with the process and get the ball rolling by filing a motion with the court, asking the judge to order your former spouse to pay all overdue payments and ensure no future payments are missed. In legal terms, this is known as a motion for contempt or enforcement.
Can you sue an ex spouse for ruining your credit?
Yes, you can sue your ex. You can even sue your divorce lawyer for not insisting that all joint accounts be closed before the divorce decree was issued. It’s important to cut financial ties after a divorce specifically because of the problems you’re dealing with now.
Can you take someone to court for ruining your credit?
While holding others accountable for inaccurate and costly credit hits is a recent legal phenomenon, courts are recognizing that good credit is a valuable asset. If your credit has been damaged and it isn’t your fault, you may be able to sue — and possibly collect a large settlement.