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Question
Posted by: David | 2010/05/06

Divorce

Got maried in Zambia

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Our expert says:
Expert ImageFamily law expert

It does not matter wether you got married in a foreign country. The South African courts will have jurisdiction if one of the parties are domiciled in South Africa. In terms of Section 7(9) of the Divorce Act 70 of 1979 a South African court will apply the law of the foreign state, if the husband (lex domicilii matrimonii) was domiciled at the time of the marriage in such foreign state. Thus although you divorce in SA, an SA court will apply the laws of Zambia.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

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Our users say:
Posted by: family law expert | 2010/05/10

It does not matter wether you got married in a foreign country. The South African courts will have jurisdiction if one of the parties are domiciled in South Africa. In terms of Section 7(9) of the Divorce Act 70 of 1979 a South African court will apply the law of the foreign state, if the husband (lex domicilii matrimonii) was domiciled at the time of the marriage in such foreign state. Thus although you divorce in SA, an SA court will apply the laws of Zambia.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

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