Divorce Lawyers & Advocates

Three grounds exist: 1) Irretrievable breakdown of the marriage. 2) Incurable mental illness for a continuous period of at least two years. 3) Continuous unconsciousness for a period of at least six months.Three grounds exist: 1) Irretrievable breakdown of the marriage. 2) Incurable mental illness for a continuous period of at least two years. 3) Continuous unconsciousness for a period of at least six months.

From the onset it is important to note that each and every divorce can be dealt with, from the onset, as either being a contested or an uncontested divorce.
An uncontested divorce relates to divorce proceedings where the parties have already discussed and agreed upon the division of the proprietary aspects. In addition hereto, should there be any minor children involved in the divorce proceedings it would further entail that the parties are able on an amicable footing to discuss primary residence and contact specific to the children. It further entails that your divorce advocate is able upon consultation to draft the necessary settlement agreement encompassing the issues of your divorce, which by now has become settled due to mutual discussions with your partner.
Each and every aspect of your relationship going forward will be regulated in the settlement agreement. Some of the following examples are issues that we deal with when drafting your settlement agreement:

– division of the matrimonial estate;
– whom the children will primarily reside with;
– the parent whom will be exercising contact towards the minor children;
– spousal maintenance;
– maintenance in respect of the minor children;
– parental rights and responsibilities in respect of the minor children;
– pension fund divisions;
Any other financial divisions.  This settlement agreement through the assistance of your divorce advocate is then adequately dealt with in your divorce summons and essentially will be made an order of the court upon your date of divorce. Our offices hereafter will supply yourself with your decree of divorce confirming that the bonds of marriage have been divided and that the settlement agreement signed by all parties have been made an order of court.  An uncontested divorce can be dealt with in a period of two to three months. The difference in the aforementioned figure is based on the intricacies in drafting the necessary settlement agreement. Of course, should the parties require assistance in order to reach settlement on the issues in dispute then our normal hourly tariff will apply. All of the afore-mentioned including the cost implication will be adequately discussed with yourself during the first consultation.  As divorce advocates, we understand that the final separation between yourself and your spouse is an emotional one. Our dedicated divorce advocates will take your hand and explain each and every step of the legal process to yourself. We will assist you to ensure that this potentially tumultuous process is dealt with efficiently and timeously.

If the parties are unable to reach a settlement regarding their outstanding divorce disputes, then our dedicated divorce advocates will investigate each and every aspect of your potential divorce. This will culminate in the drafting of a divorce summons in order to put the best possible case forward to court.
Under the circumstances the legal process will have to be dealt with and all necessary pleadings between us and the opposing advocates will be exchanged. Hereafter, all of the necessary documentation that we intend to use at your trial will be discovered and a pre-trial hearing will be convened between ourselves and the opposing advocates.
Your divorce advocate will keep you updated every step of the way and will continuously consult with yourself to ensure that our instructions, as supplied by yourself, is up to date. Your contested divorce will then be finalized in court after all the necessary evidence have been presented.
The magistrate or judge will then provide ourselves with an order incorporating a degree of divorce inclusive of all ancillary relief. In respect of a contested divorce, our normal hourly tariff will apply. The cost implications and legal fees will be discussed and explained to yourself during your first consultation. As with an uncontested divorce, our divorce advocates understand the emotional and human aspect involved in each and every divorce case. We understand that your case is unique to the next one. It is therefore our promise to you that we will endeavor to ensure the best possible outcome is achieved. Divorce is the final disillusion of the marriage; however, your life and the life of your children will continue and we strive to ensure that you are able to do so successfully.

Has your partner committed adultery? Are these your grounds for divorce? For this to occur, a causal relationship must exist between the defendant’s adultery and the fact that the plaintiff finds it impossible to continue to the marriage relationship.

When the relationship of a married couple reaches a state of disintegration and thus no reasonable prospect to restore the marriage relationship to normal working order, then a court may grant a divorce due to the irretrievable breakdown of marriage.

Various circumstances arise when dealing with the primary residence or contact methods with children, in the case of a divorce. Matters concerning the day-to-day care of a child, visitation privileges and co-holders of parental rights will be explored.  We have assisted numerous unmarried fathers in securing their parental rights and responsibilities in terms of the children act no 29 of 2022. As we understand that the relationship between yourself and your partner may have come to an end, this however does not entail that the minor child should not be allowed to share in a healthy parental relationship going forward. As with children, it is of the utmost importance that structure is created for a beneficial relationship in which the minor child is able to feel safe, comforted and loved. We can assist in securing a well drafted parenting plan with the necessary structure in place so that each party to that agreement is properly informed of their exact rights and responsibilities towards the minor children. Once the parenting plan is signed by both parties, the plan can then be registered at the family advocate’s offices, alternatively can be made an order of the high court. Primary residence and contact towards minor children are dealt with expressly in the parenting plan. Therefore, there will be no uncertainty as to when each parent is entitled to spend time with the children. This entails sleep overs, father’s day, mother’s day, birthdays, and the rotation of holidays between the respective parties. Contact us today to set up your consultation today – secure a structured family environment for your minor children even though your relationship with your partner has ended.

Sole custody refers to the situation whereby a minor (child) will reside with and under the close supervision of one parent, which is often subject to the court to grant visitation rights to the other parent (non-custodial parent). The parent that receives sole custody is responsible for the day-to-day care of the child and establishes the living arrangements thereof.

Joint custody refers to the situation whereby custody of a minor (child) is awarded to both parties. Both parents are now seen as custodial parents and share the responsibility including joint physical care, actual lodging and care of the minor is specifically shared in accordance to the parenting plan (court-ordered custody schedule).

The Children Act of 2022 is primarily targeted to consolidate and reform the law on matters relating to children (minors). It specifically deals with topics including the age of majority, custody, child support, child protection, children’s court, daycare, guardianship and paternity.

Generally, the occurrence of maintenance arises from the fact that the non-custodial parent goes from the status of ‘married with children’ to ‘divorced and paying maintenance’. Child maintenance is basically the obligation of parents to provide their children with financial support such as education, clothing, food, housing and healthcare turns into a tricky situation.

Temporary/permanent residence and various contact issues commonly arise in proceedings involving the dissolution of marriage (divorce), annulment and various other legal proceedings concerning minors. Generally speaking, the subject of where the child will reside is determined and evaluated in accordance with the best interests of the minor.

The issue surrounding divorces and trusts brings about various exceptions in the law. Often during divorce litigation, the question of whether assets currently held in a trust should be included or excluded when dealing with the estate of a party.

Non-cohabitation for one year refers to the case whereby spouses cease to “live together as husband and wife” or as defined by a married couple when they go about establishing different households. At least one of them has an intention to end their marriage through this move. To note, the marital consortium may cease to exist even though the spouses continue to live under one roof.