Divorce (or the dissolution of marriage) in South African law directly refers to the termination of a marital union. Furthermore, the inclusion and cancellation of legal duties and responsibilities and the dissolving of the bonds of matrimony between a married couple are undertaken. Get in touch with us today to find out exactly how our attorney firm can help you with your divorce and litigation.
We handle uncontested and contested divorces
You can rest assured knowing that SKV Attorneys has the perfect solutions to handle your divorce proceedings and processes.
OUR DIVORCE LAW SERVICE OFFERING
Grounds For Divorce: Uncontested & Contested
Three grounds exist under the 1979 Divorce Act: 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 Attorney 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 Attorney 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. Our legal fees to assist with an uncontested divorce, given that all aspects have been settled between the respective Parties, range between R 10 000.00 and R 12 000.00 (excluding VAT). 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 Attorneys, we understand that the final separation between yourself and your spouse is an emotional one. Our dedicated divorce Attorneys 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 Attorneys 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 Attorneys 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 Attorneys.
Your divorce Attorney 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 finalised 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 Attorneys 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 endeavour 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.
Rule 43 Proceedings
A contested divorce holds the potential of not being resolved within a certain time frame. It is therefore that interim measures must be taken care of to ensure your well-being and that of your children whilst your divorce is pending to be finalised.
Under Rule 43 proceedings our offices can assist in obtaining the necessary interim relied on. This can include but is not limited to, interim spousal maintenance, interim maintenance for your children, primary residence and contact in respect of the minor children, legal cost contribution from the opposing Party.
This relief can be obtained speedily and will ensure that all matters of your divorce is catered for adequately whilst the main divorce proceedings are still ongoing.
If you have been contemplating instituting divorce proceedings but have been reluctant to do so due to the uncertainty as to what will happen in the interim, then our dedicated divorce Attorneys will assist yourself in drawing up the necessary Rule 43 documentation, issuing same at Court and serving the Application on your Spouse. Therefore, it should not be a barrier for yourself to institute divorce proceedings knowing that interim issues can be dealt with timeously. Contact one of our dedicated divorce Attorneys today and find out how you can secure your future without having to be concerned about the present.
Irretrievable Breakdown of Marriage
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.
Non-cohabitation for One Year
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.
Divorce & Children
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.
Irreconcilable Adultery by the Defendant
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.
Sole physical Custody
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’s Act of 2005
The Children’s Act of 2005 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.
Maintenance for Your Children
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.
Trusts & Divorces
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.
WE UNDERSTAND THAT DIVORCE IS DIFFICULT
No matter the situation you may be in, SKV Attorneys has dealt with it all. We place a high value on creating great client relationships and lead you through the divorce process seamlessly. Don’t hesitate to get in touch with one of our trusted legal attorneys today.