No Contest

Legal separation does not exist in South Africa even if you are no longer living with your husband and not divorced. According to the law, you are still married. You can divorce in either the Regional Court of the Magistrate Court having jurisdiction in your area or in the High Court.

Engage the services of a lawyer. For the Lawyer: Prepare the petition and file the case in court. For the Clerk of Court: Raffle the case and issue the summons. Attend the pre-trial proceedings. Go through the actual trial. Wait for the judgment.

Separation agreements can be long and complex, especially if you and your partner have been together for years and have extensive marital property or children. While you can draft a separation agreement yourself, it's best to have an attorney do it for you.

Write in plain English. There are no legal magical words. Be clear and unambiguous. Along the same lines, you also want to make sure that your agreement makes logical sense. Draft an agreement that can grow with you. Include a provision for omitted property. Be creative.

A separation agreement is a legal document that when signed and notarized by you and your spouse can act as a legally binding contract that is separate from or survives the divorce. Such a contract is enforceable, meaning you can take legal action if your spouse does not adhere to the terms of the contract.

The spouses' right to live separately. Custody of the children. A visitation schedule, or a provision for reasonable visitation. Child support. Alimony or spousal support. The children's expenses, including medical, dental, educational and recreational. Property and debt division. Insurance, including medical, dental and life.

The grounds for legal separation may have arisen after the marriage, and may be filed on the following grounds: (1) repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; (2) physical violence or moral pressure to compel the petitioner to

A separation agreement is a private, written, legally binding contract spelling out each spouse's rights and settling issues between spouses who have or intend to separate and/or divorce.

Treat your co-parent as you would treat a business partner. Be courteous. Don't make any significant changes. Discuss the various options for pathways to an amicable divorce. Choose your Family Mediator and/or Lawyer. See a Counselor and/or Doctor. Wait to start a new relationship.