Sa Divorce Lawyers Attempt To Mediate With Logic And Justice

on Wednesday, February 15, 2012

Sa Divorce Lawyers Attempt To Mediate With Logic And Justice

The search term 'SA divorce lawyers' can be surprisingly confusing. Globally, it can refer to lawyers in South America, South Australia or South Africa. All three places have very different legal systems and would require lawyers with different kinds of expertise and knowledge.

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.

It is not known how the President would negotiate divorce from one or another of his wives but people without access to the national treasury might need the services of a legal expert with knowledge of the Divorce Act of 1979, as amended several times. In addition a sound knowledge of family law would be required. This has several branches such as matrimonial property law and the laws of engagement.

It is the opinion of at least one jurist that South Africa has a uniquely complicated system of family law. Absurdly, the country has eleven official languages and far more cultural and social groups. South African Indians may follow Muslim or Hindu marriage ceremonies. There are extended and nuclear families and same sex families are legally acceptable. If a divorce is set to be complicated in itself the laws of the country allow for further rich obfuscation.

Other countries that veered violently towards multi-culturalism after the Second World War tended to adopt the American melting pot policy in dealing with cultural diversity. Immigrants are required to learn English and try to understand why England keeps a Queen. In South Africa family law is complicated by attempts to accommodate genuine diversity.

A major issue in the twenty-first century is the growing gap between rich and poor. For kicking a ball about a person can earn as much in a week as another person may earn in five years. This sort of injustice is demonstrated in the divorce field where a good proportion of the South African population simply cannot afford to get divorced fairly if they are in dispute over assets or children.

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.

somekeyword who work in the First World sector for very respectable fees are likely to deliver a world class service. They can resort to that sector of the legal system that works well and deliver justice through legally backed arbitration and well qualified professionals. So, the system of two worlds in one persists, for the present.
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