SA Divorce Lawyers Attempt To Mediate With Reason And Fairness

The term 'SA divorce lawyers', when searched online could lead one to South America or South Australia. The continent and the province would provide would each provide distinctly different legal provisions for divorce. However, this article is about the situation in South Africa.In the colonial era advanced European countries simply took over territories in various parts of the world and imposed their own cultures upon the indigenous people. Since law is an important aspect of culture, it transpired that Roman Dutch law was imposed upon the people of South Africa in much the same way that America still tries to impose its version of democracy on oil rich lands.In South Africa there are two worlds in one country. Thirty eight percent of people are unemployed and in many cases unemployable. Many are criminals and many are honest people mired in poverty, unemployment or pseudo employment. Others are very wealthy and capable of holding their own anywhere in the world. The fact that the president of the country chooses to follow a polygamous lifestyle which is illegal in terms of the First World law illustrates the complexity of the situation.Persons wishing to divorce in South Africa would need help from a person with knowledge of the Divorce Act of 1979, as amended several times since then. In addition it would be necessary to understand the family law of the country. This itself has several branches such as the law of engagement, matrimonial law and matrimonial property law.An eminent jurist in South Africa has remarked on the complexity of family law. This is because the country has many different languages and cultures and a constitution which attempts to accommodate all. There are many extended families together with nuclear families and even same sex families which are recognized under the law. Unwritten tribal customs are mixed with European, Asian and many other customs from around the world.The sort of melting pot policies that apply in countries like America and England do not apply in South Africa because there are acute sensitivities about respecting the constitutional rights of individuals. This scenario is complicated further by poor education, chaos and corruption that creates a chasm between idealistic theory and actual practice.As in most parts of the twenty-first century world there is a very large discrepancy between the haves and the have-nots in this country. At one extreme divorce can be almost a do-it-yourself affair if both parties agree not to contend. Complications arise when money and children are involved. Custody battles and settlement issues can enrich lawyers and impoverish spouses who decide to contest their legal rights.Access to justice is a significant issue in a country that has a thirty-eight percent unemployment rate and an enormous gap between rich and poor. Many efforts are made to fund the human rights of the very poor at government at taxpayers' expense. However these efforts often come to nothing in the face chaos and incompetence. For example, alimony and child maintenance orders can come to nothing if a spouse simply disappears into a mass of chanting rioters. He cannot be followed up because the State is incompetent, no matter how conscientious the law may be. Justice is denied.Despite the sort of imperfections that mark most human affairs, world class SA divorce lawyers are available for those who can foot the bill. The extent of costs will depend upon the complexity of affairs and on the ability of parties to meet costs. If the courts are chaotic they can resort to arbitration, agreeing to abide by expert interpretation of the law.