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South African divorce law in the UK

  • Beatie
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14 Nov 12 #366193 by Beatie
Topic started by Beatie
Can the UK courts apply South African divorce law when a couple was married in South Africa and getting divorced in the UK?

  • dukey
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14 Nov 12 #366197 by dukey
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They can`t no, if you divorce in England for example its the law in England that is used when divorcing.

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17 Nov 12 #366661 by amefbi
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Beatie what are your concerns?

Majority of our ''''financial matters'''' is in SA.

I married 41yrs ago in SA, and am glad Im divorcing under UK laws today.
Been here since 2003.

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18 Nov 12 #366715 by babaloo_123
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Hi Beati, as Dukey said...English Law applies when you divorce in the UK. If you perhaps have any concerns over the share of assets for example; it may affect the outcome if divorcing in the UK.

If you married "in community of property" or signed an ante-nuptial agreement over there, you may have to consider which courts would be best for you.

Let us know what you''re concerned about and perhaps we''re able to help. I''m in the same boat as you; married in South Africa and divorcing in the UK.

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23 Nov 12 #367724 by Beatie
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Hi,

In SA one has the option to apply for forfeiture of assets when one of the parties has managed the assets of the joint estate poorly. My ex has always managed the income and property maintenance and refuses to share any profits.

I do realise a divorce in the UK can be very expensive, specially when you''re dealing with someone who will go to any length to complicate matters.

Thanks for your responses.

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03 Apr 19 #507038 by Puff1n
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I too am divorcing in the UK and have a South African antenuptial contract - married out of community of property. Now ex wants to claim all my pension and half the car and I have to pay his debts. I have been told that he can do this under UK law and that the SA antenuptial is null and void here.

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