Divorce Attorney
Gauteng’s premier Divorce legal specialists
Your important questions answered
There are a multitude of questions in the public domain surrounding divorce, and we are regularly informed of these questions. We interact and consult with divorce clients on a daily basis, it remains staggering to see how an induvial can be influenced by incorrect and false information. Friends and family often assist (with good intentions) by recounting their own divorce experience often not realising that they are conveying incorrect information, or that the law may have changed in certain aspects subsequent to their divorce. Even if you decide not to make use of our expert services, for the sake of your own sanity we always advise that you should rather seek professional guidance than to accept advice off the internet or via friends and family.
The key with any legal matter but divorce in particular, is to ensure that once proceedings commence you are in an advantages position, the converse occurs when one is influenced by false information, and this can often lead to a regressive emotional state which is the exact opposite of what one would want to achieve prior to commencing with a divorce action.
At JHB divorce we believe that knowledge applied accurately and consistently creates opportunities wherein the best possible result is achieved. At this early juncture of your divorce journey we intend to share valuable information which we have acquired over many years in practice.
Am I eligible for divorce?
There are many legally acceptable reasons for divorce in this country. These can include infidelity and abuse but the most common reason is that people can simply fall out of love or no longer feel able to live together. This is known as an irretrievable breakdown of the marriage and consists of:
- The parties have not lived together as husband and wife for a continuous period of at least 6 months immediately prior to the date of issuing a summons for divorce.
- The parties have lost their love and affection towards each other.
- The parties are unable to communicate effectively.
- The defendant has committed adultery and the plaintiff finds it irreconcilable with a continued marriage relationship.
Are you considering Divorce?
Do you have any additional questions?
Our Services
Children and divorce
Looking out for your best interests. Spousal Maintenance, Defaults & Family Members.
Maintenance in divorce
Protecting you & your children. Custody Agreements & Living Arrangements.
What is the difference between a contested and uncontested divorce?
A contested (or opposed) divorce – Is when the parties are unable to reach an agreement of settlement pertaining to the aspects of their divorce. It takes two individuals who are willing and able to negotiate in good faith to reach any potential settlement. Should this not be possible, then one of our dedicated attorneys will assist in commencing the divorce process by way of a contested divorce summons. In this instance, because of the fact that a settlement is not possible the Court must intervene and after legal argument proceed to issue your decree of divorce. Normally the existence of contentious issues such as the minor children’s primary residence, spousal maintenance, the accrual calculation or the maintenance in respect of the minor children being in dispute necessitates that the matter be heard in open Court. The rules of Court have to be followed when dealing with a contested divorce and therefore this type of divorce can on occasion take longer to finalise. That being said, a contested divorce can also become settled at any point after the issuing of a contested divorce summons.
An uncontested (or unopposed) divorce – In stark contrast to a contested divorce, when dealing with an uncontested divorce, the parties are able to settle their disputes as contained in a written settlement agreement. Our attorneys are also able to mediate and negotiate on your behalf thereby in order to ensure that middle ground is reached. Our attorneys will draft your settlement agreement and once signed will ensure that an uncontested divorce summons is issued. We will attend to all the necessary culminating in your unopposed Court date. We will accompany you to Court on the actual day of your divorce and move to secure a decree of divorce. This type of divorce, based on the fact that a written settlement was obtained, is capable of being resolved in 2 – 3 months. Generally speaking, an uncontested divorce result in lesser attorney’s fees purely as a result of the curtailed time period involved and the predetermined amount work associated with this type of divorce.
Interim maintenance whilst your contested divorce is pending
As indicated, a contested divorce where certain issues remain in dispute can take longer to finalise. However, your expenses and obligations in terms of your children remain a monthly constant. We are able to assist with interim Court orders allowing you to obtain monthly maintenance (spousal and child related) whilst the divorce proceedings are ongoing. We are also able to deal with contact and care arrangements in the same Court application. This procedure provides clarity in terms of each parties interim rights and responsibilities until such time as the divorce is finalised.
Protection Orders
In a recent study it was concluded that just under 50% of women report having ever experienced emotional or economic abuse at the hands of their intimate partners in their lifetime. South Africa unfortunately has one of the highest gender-based violence (GBV) rates in the world. GBV includes any of the following 6 denotations:
- Physical violence.
- Verbal violence.
- Psychological violence.
- Sexual violence.
- Socio-economic violence.
- Domestic violence
- Harassment and sexual harassment.
We are able to obtain the relevant Court order rendering assistance where needed. Your personal safety whether in a divorce, or in a relationship, remains paramount importance. As an example, and where the relevant facts dictate necessary, we can obtain a domestic violence order, ordering your spouse to vacate the shared residence. In certain instances, the Police will assist by ensuring that the order is adhered to.
Why do I need a Divorce Attorney to assist?
Divorce remains a legal matter and it is not advised to take any shortcuts. It also often happens that after a divorce people feel that they were emotionally coerced into a divorce settlement. The divorce order will remain in place for many years to come. The order will contain various rights and obligations. We assist individuals on a daily basis who are no longer able to meet their obligations for the simple reason that they should never have accepted the written settlement terms. We are here to ensure that you obtain a fair and accurate settlement. Partnering with us means you have someone objective on your side who has your and your children’s best interest at heart, working to achieve a long-term outcome.
Are you considering Divorce?
Do you have any additional questions?
Our Services
Children and divorce
Looking out for your best interests. Spousal Maintenance, Defaults & Family Members.
Maintenance in divorce
Protecting you & your children. Custody Agreements & Living Arrangements.
