Advice on Divorce

[Spinnekop]

As far as I know the law pertains to the legal system of where you were married. For example, here in Ireland you can only divorce after being separated for 4 years (soon to be 2). But if you were married in South Africa and divorced in Ireland, it would be immediate.

My sister and hubby were maried in SA.

Moved to NZ.  Got citizenship. 

Had to divorce according to NZ law and regulations (Have to be 2 years separated etc.)

 

So I don't know if it was because they got residency? 

[Honkdonk]

Thought as much. She is trying her usual tactics to which I don't respond to..

 

I still keep in regular contact with the kids through video calls a few times a week. They are doing well and have adjusted nicely, which is good to see.

 

A very different life to what they were accustomed to here. Which is actually a good thing.

Still very hard though

[Stretch]

My sister and hubby were maried in SA.

Moved to NZ. Got citizenship.

Had to divorce according to NZ law and regulations (Have to be 2 years separated etc.)

 

So I don't know if it was because they got residency?

Interesting... With regard to my comment, I read it somewhere.. So I might have not had all the facts or just be wrong

[Patensie]

Interesting... With regard to my comment, I read it somewhere.. So I might have not had all the facts or just be wrong

you are correct according to my recollection of domicile from 1995 family law. We had 1 lecture on a complex issue where there is probably some international law involved. I'd rather ask a specialist...

[GrahamS2]

Here's a question for the legal buffs..

 

My ex and I were married and subsequently divorced here in SA under the SA legal system.

She is now resident in NZ with the kids.

As far as I know nothing changes as the divorce order and settlement agreement is written and signed on SA soil and any disputes that may arise we need to do our best to settle amicably and not in a court of law with associated costs. 

We haven't gotten to that stage yet, and hopefully never will, but every now and then she throws something out there saying that I fall under the NZ law. They are not citizens yet and I reckon she is just being full of the brown stuff.

Should I decide relocate to NZ or the UK in the near future then things will change.

 

Anyone have experience with this?

Your settlement agreement falls under, and can be enforced, in SA law. Where she currently resides has little bearing on it.

[Captain Fastbastard Mayhem]

Your settlement agreement falls under, and can be enforced, in SA law. Where she currently resides has little bearing on it.

and if I'm not smoking my socks, she can't do anything about it in NZ court, can she? Custody and maintenance agreements were formed under SA law, with (maybe) different laws surrounding this stuff. Can't all of a sudden try to change it to comply with NZ law / use any potential positive (for her) differences just because she moved there, correct?

[Amberdrake]

Its an interesting situation, I would honestly like to know what the real legal situation is here, would suck horribly if the agreement made could be ratified after allowing kids to leave.

[GrahamS2]

and if I'm not smoking my socks, she can't do anything about it in NZ court, can she? Custody and maintenance agreements were formed under SA law, with (maybe) different laws surrounding this stuff. Can't all of a sudden try to change it to comply with NZ law / use any potential positive (for her) differences just because she moved there, correct?

As I understand it, that’s right. She would need to approach the SA courts to enforce anything

[Honkdonk]

Well the good news is that the ex has fulfilled her obligation of getting me to NZ to visit the kids. It's part of our settlement agreement and she has freed up some dosh to pay the return flight. I need to cover internal flights, accom and car rental..

 

It will be in January when the kids are on holiday and summertime. So something to look forward to work towards.

[Amberdrake]

Sounds gr8 maybe a good chance to setup a interview or two?

[Honkdonk]

Sounds gr8 maybe a good chance to setup a interview or two?

That will definitely be on the cards. I will be doing some research on the Event Technology industry in NZ in the coming months.

My folks move back to the UK next month so it leaves all on my own-some here, and with the rate at which the Rand is falling through it's own asshole, there is never a better time to look beyond and into the future.

[dev null]

That will definitely be on the cards. I will be doing some research on the Event Technology industry in NZ in the coming months.

My folks move back to the UK next month so it leaves all on my own-some here, and with the rate at which the Rand is falling through it's own asshole, there is never a better time to look beyond and into the future.

 

Yup. Good idea. When SA goes full on Venezuela, the ZAR will be worthless.

[Amberdrake]

So went riding this weekend on MTB for first time in 6months odd, during my general pre ride check etc I notice my saddle is looking little more breathy, Some how while hanging in storage well away from everything its developed some square shaped stabby type wounds in the foam through the fo leather. Was still a great ride. Saddle works just less pretty.

[New Landy new life]

So how are all the Lad's doing that are going/gone   through divorce in the last while ?

 

Hope you are on the way to recovery.

 

I have taken 2 months off  in-between employment which has been good for the soul.

 

Currently in NYC visiting my dear daughter and having an absolute blast here  - getting home to Locust Valley on the 1 am Train from NYC most nights and using the brilliant CitiBike system to cycle all over Manhattan.  The subway has confused me completely and had to cycle from far away to get back to the city again, but safer than trying to take another subway even further away.

 

All the best to you all.

[BigDL]

So how are all the Lad's doing that are going/gone through divorce in the last while ?

 

Hope you are on the way to recovery.

 

I have taken 2 months off in-between employment which has been good for the soul.

 

Currently in NYC visiting my dear daughter and having an absolute blast here - getting home to Locust Valley on the 1 am Train from NYC most nights and using the brilliant CitiBike system to cycle all over Manhattan. The subway has confused me completely and had to cycle from far away to get back to the city again, but safer than trying to take another subway even further away.

 

All the best to you all.

Heading to New York on Monday. Will try the citibikes

[Letum911]

Here's a question for the legal buffs..

 

My ex and I were married and subsequently divorced here in SA under the SA legal system.

She is now resident in NZ with the kids.

As far as I know nothing changes as the divorce order and settlement agreement is written and signed on SA soil and any disputes that may arise we need to do our best to settle amicably and not in a court of law with associated costs. 

We haven't gotten to that stage yet, and hopefully never will, but every now and then she throws something out there saying that I fall under the NZ law. They are not citizens yet and I reckon she is just being full of the brown stuff.

Should I decide relocate to NZ or the UK in the near future then things will change.

 

Anyone have experience with this?

 

This is a bit more complex and one will have to look into the relationship ito reciprocal enforcement of orders between the countries. Certain parts of the orders can be enforced for instance Maintenance if there is an agreement between the countries, however other parts not necessarily. 

 

I have not dealt with NZ but have dealt with Lichtenstein on a Curatorship order granted in SA. We had to bring an application in Lichtenstein in which the Court there confirmed the contents of our SA order and incorporated it into a new order.