How to find a divorce lawyer in Cape Town, South Africa

Gay divorces

In today’s society there are various opinions on homosexuality, and gay and lesbian marriages and divorces. A couple of years ago gay and lesbian marriages were legalized in South African law. This was a great shock to some people, while other people were quite happy with this. I remember seeing a picture in a Sunday newspaper of a newly married gay couple. It was an Afrikaans couple, and they made one of the leading articles in that newspaper. I know a few people who are totally opposed to divorce, as well as homosexuality. I however am somebody who has done quite a few divorces and of course would argue in favour of divorces.

In an abusive relationship there are instances where the parties can simply not get along with each other, and the abuse is so rife that divorce would be the best option. I don’t agree that parties whose marriages are falling apart should try and save it if they have already gone through counselling. An escape route is needed.

In as much as I don’t see anything wrong with divorces, I do not see anything wrong with gay and lesbian marriages and divorces. It is the constitutional right of each and every individual to enter into a same sex marriage if he or she so wishes. The constitution is there to protect the rights of individuals. I recall when at university doing a case study on homosexuality and the related constitutional rights in one of my subjects. I found it quite interesting.

A couple of years ago I drafted my first antenuptial contract for two ladies who wanted to get married. The notary who executed the antenuptial contract was an old attorney in his seventies. I will never forget how he read the names of the parties and saw that they were two females and asked his article clerk in a joking fashion “Is the aim of marriage not to procreate?”. His article clerk replied “Clearly not in this case”.

Whilst the older school of thought have a more traditional view towards homosexuality and are not in favour of same sex marriages, in today’s society, legal practitioners simply have to accept that gay and lesbian people are getting married and getting divorced these days. Divorces aren’t for all attorneys and attorneys who do not feel comfortable with either divorces or same sex marriages should rather stay away from practising divorce law.

Whilst I’ve been doing divorces for quite some time now I still find that heterosexual divorces are far more common than gay or lesbian divorces. The only reasonable explanation that I have for this is that far more heterosexual marriages are taking place still than gay and lesbian marriages. In my opinion, heterosexual marriages would probably more easily irretrievably break down than gay or lesbian marriages also because there are usually no children involved in gay or lesbian marriages. Gay or lesbian marriages may in my opinion be under a lot less pressure than heterosexual marriages, because there are usually no children involved. The pressure of financially supporting and raising young children can sometimes be too much on a marriage, especially when the parties are young and don’t do that well financially.

I recently had a case with two professional young men who wanted to get divorced. They both had professional qualifications. The divorce was relatively simple because, as mentioned above there were no children involved. There were no substantial assets to divide either, as the parties were in their mid twenties and hadn’t been working very long after leaving university.

The court in a gay or lesbian divorce has to treat the divorce as it would any heterosexual divorce. This is only fair and in line with the constitution.



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