One of the following must be proved:
2. Unreasonable Behaviour – conduct
3. Desertion for 2 years
4. Separation for 2 years with consent
5. Separation for 5 years
6. Presumption of Death
Property Settlement is based on contribution, both financial and otherwise, for example, caring for children and assisting with home construction.
This can be done after divorce or simultaneously
The Court will seek the welfare of the children – that is, what is in their best interest
One parent has care and control and the other can get access
Types of Access
1. Supervised – in the presence of another person
2. Structured – every other weekend and half school vacation
3. Reasonable – Notice must be given in advance
4. Liberal – without restrictions
The type of access given will depend on the level of communication between parents
Maintenance is payable to the spouse having care and control of the child/children.
The amount of maintenance to be paid must keep the child at a standard of living to which he/she is accustomed.
It is therefore a balance between the needs of the child and the means or ability of the parent to pay.