Divorce may be one of the most painful and stressful period a person will experience as it may cause great emotional turmoil and distress. Divorce proceedings affect all members of the family and have impact on their physical, physiological, mental, emotional and financial well being.
We pride ourselves on ensuring that the divorce proceedings are handled as cost effectively and expeditiously as possible, so you can get on with building a better future.
We will assist you every step of the way, not only advising you of your rights and explaining the procedure but ensuring that you are informed on the progress of your matter every step of the way.
Divorce refers to the process whereby a marriage relationship is dissolved and brought to an end. In South Africa, divorce is regulated by the Divorce Act 70 of 1979.
There are three distinct types of divorces in South Africa:
TYPE 1: UNCONTESTED DIVORCE
The uncontested divorce is the quickest and most inexpensive type of divorce. It requires both spouses agreeing that they want a divorce and working together to agree on the terms of such divorce, such as maintenance, the division of assets, primary residence and care of the children.
The spouses may elect to consult with and appoint an impartial attorney to manage their interests and draft the official settlement agreement on their behalf. This settlement agreement embodies the terms agreed to between the spouses and is signed by both of them. The signed settlement agreement is then made an order of court.
Uncontested divorce proceedings may be finalized in a matter of weeks.
TYPE 2: MEDIATED DIVORCE
Mediated divorces are costlier and take longer to finalise than uncontested divorces. This type of divorce may also subject spouses and family members to higher levels of emotional distress, particularly in instances where one of the spouses does not want to divorce.
This type of divorce essentially entails those spouses who are unable to agree to the terms of a divorce settlement employ the services of an attorney and/or professional mediator to help them negotiate and conclude such an agreement on terms which are satisfactory to them both.
The aim of the mediation is to assist the spouses in setting aside their short-term differences and focus on reaching a reasonable and amicable settlement that will allow them to move on with their lives and build a better future.
Once the parties have successfully mediated the dispute, their attorney or attorneys can draft the official settlement agreement, which is signed by both spouses and then made an order of the court.
Mediation may drastically reduce the cost associated with contested divorce proceedings and may be finalised in a matter of a few months.
TYPE 3: CONTESTED DIVORCE
Contested divorces are the least favourable of the three types of divorce. These divorces may, in some instances, take years to finalise and may cause significant emotional and financial harm to all family members.
Contested divorces occur when spouses cannot agree on the terms and conditions of their divorce. The most common disagreements relate to maintenance, division of assets and child care. In some instances, one or both spouses refuse to settle for emotional reasons.
In a contested divorce both spouses would need to appear in court several times in order to allow the court to determine the terms of their divorce.
This can result in very high legal costs, severe emotional trauma and may take three years or longer to finalise.