Are you considering Divorce?

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    DIVORCE ATTORNEYS IN SOUTH AFRICA

    Marriages may dissolve over time, sometimes its infidelity or one partner may have simply fallen out of love with the other, these things happen in life. What is important is to be prepared to overcome this hard time and to ensure your family and children are the priority. There are many different grounds for divorce which we will guide you through and give you the most informed solution possible.

    A marriage may be ended on the following grounds as ordered by the courts:

    The irretrievable breakdown of the marriage:

    • The parties have not lived together as husband and wife for a continuous period of at least 6 months immediately prior to the date issuing 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.

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    Uncontested-Divorce

    The divorce process in South Africa is not complicated at all, however, there is often financial and time consequences when getting a divorce due to the fact that courts are sometimes overly burdened and can be a lengthy process. There are two types of divorce in South Africa, contested and uncontested divorces. An uncontested or unopposed divorce is often the easiest and least financially stressful way to get a divorce and can be completed in 2-3 months. An uncontested or opposed divorce is often messy and much mediation and meetings between the two parties with a trial usually involved if the two parties cannot agree.

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    Division of Assets in a Divorce

    The division of assets is often determined by what type of marriage agreement you and your spouse have entered into. There are two primary contracts, marriage in community of property and marriage out of community of property.  Notwithstanding your matrimonial regime, Johannesburg Divorce will work tirelessly in order to ensure that the best possible outcome is achieved. During the division of assets divorce matters can become acrimonious, should you therefore not receive the best possible legal advice?

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    During the divorce mediation and negotiation period, it is often established that assets are held in a trust. Should these assets now form part of the matrimonial regime?  The position that the law takes is that the trustee administers the trust for the benefit of a third party (beneficiary) and therefore it cannot be considered as part of the persons’ individual estate in determining their value. There are certain considerations that may apply to include the trust as part of an estate, this generally happens when one party is attempting to hide funds, alternatively utilizes the trust as their “alter ego”.

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    Adultery is the act of one or both spouses engaging in sexual relationships outside of the marriage. Previously you were able to sue the third party for damages, however, in 2014 this law was abolished and considered archaic. When it comes to adultery certain provisions may still apply specific to forfeiture of benefits.  The Courts will however consider your divorce matter as a whole and will therefore take into consideration all relevant facts.  The facts of each matter differ, it is therefore of the utmost importance not to generalise.

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    LEGAL REPRESENTATION FROM EXPERT DIVORCE ATTORNEYS

    Our Johannesburg Divorce Attorneys are dedicated to bringing you and your family the best possible solutions and services for relevant to your needs. Divorce is often a time of hardship, confusion and turmoil, one part of your life is ending but another is beginning. Our Johannesburg Divorce firm will provide and recommend councillors to assist during these difficult times.  If you are interested in finding out more on how to proceed with your divorce, please do not hesitate to get in touch with us and one of our experienced attorneys will guide you on the right path.

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    We serve you by giving you sound professional legal advice and by using our dedication, compassion, and experience to promptly seek a fair and comprehensive outcome. Get in Touch with us below.

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