Oppermans Inc was founded on the need for a specialised service which would cater for the LGBTQI community and their unique needs due to the lack of legal structures in place to support as well as guide those within said community.

Not many can speak so confidently about the rights and laws protecting the LGBTQI community and how to engage with them, but we can. We’re a company of positive outcomes, for everyone.  As a company positioned around assisting those in need, it exceeds its own mandate by going above and beyond when dealing with mediations and divorce matters.

Oppermans Incorporated consists of a strong team that keeps up to date with the ever evolving state of legislation and acts pertaining to the community. When you seek the truth about your rights, there is hardly a better option than us to turn to.

Dealing with divorce is scary enough , dealing with same-sex divorce is even more shrouded in mystery as many are unaware of their rights and which process could/would be followed in the event of a divorce. Taking note that we do not only do divorce matters but offers an excellently structured mediation option. Saving a relationship is always on the table.

Some general questions answered about same sex marriages

Civil Union Act 2006

The Civil Union Act 2006 introduced the concept of a „civil union‟ into South African law and defined it as follows:

“the voluntary union of two persons who are both 18 years of age or older, which is solemnised and registered by way of either a marriage or a civil partnership, in accordance with the procedures prescribed in this Act to the exclusion, while it lasts, of all others”.

The Act does not attempt any definition of “marriage”, although it is implicit that marriage, for all purposes in South African law, is no longer restricted to opposite sex spouses. When a same-sex couple marries or registers their union in terms of the Civil Union Act, the same principles will apply to the dissolution of their union as if they were married under the Marriage Act and divorced.

Gay divorce?

In terms of section 13 of the Civil Union Act 17 of 2006, a “civil union” as defined in terms of the Act is placed on equal footing insofar as the legal consequences of such a civil union is concerned with a “marriage” in terms of the Marriage Act, which therefore implies that the Divorce Act No. 70 of 1979 as well as the Matrimonial Property Act No. 88 of 1984 apply to civil unions. It therefore means that parties to a civil union may institute divorce proceedings against each other in terms of the Divorce Act, and the definition of “divorce action” will then also apply. So, the short is sweet is: there is no such thing as a “gay” divorce – only divorce.

Is a gay divorce different in any way?

The simple answer to this would be yes. The interaction between couples of the same sex differs materially from their heterosexual counterparts. Males exercise their “male ego”-muscle with dominance and Alpha male like attitudes and it is anyone’s guess who will win in an all-female catfight. Can one expect more dramatics and verbal fights; yes. Although the mechanics of the divorce process would mimic a normal heterosexual divorce, the emotional aspect of any gay divorce would be completely different. Let’s face it: gay and lesbians handle emotions in a complete different way than their heterosexual counterparts. For that reason, we have included a separate section called: One Gay at a Time – coping after divorce.

On the next page:

• Divorce and the law…
• Does every divorce end up in a fight?
• What if I do not want a divorce?
• Do I have choices when it comes to divorce?
• • Negotiation
• • Mediation
• • Collaborative divorce
• • Litigation

The interaction between couples of the same sex differs materially from their heterosexual counterparts. Males exercise their “male ego”-muscle with dominance and Alpha male like attitudes and it is anyone’s guess who will win in an all-female catfight. Can one expect more dramatics and verbal fights; yes.

CONSIDERING DIVORCE? SCHEDULE A 15 MINUTE FREE CONSULTATION WITH ONE OF OUR DIVORCE EXPERTS TO FIND OUT MORE.