A Peaceful divorce is all about choices.
Need Any Help About Divorce Mediation Or Family Law?
Our structured approach empowers you to reach an informed settlement while preserving your privacy, sanity and hard earned assets
Divorce
Types of Divorce
There are typically two types of divorces, the contested or opposed divorce and the uncontested or unopposed. The latter type of divorce is the best and most cost effective for all parties concerned. An uncontested divorce can be finalized in as little as 4 weeks. If a divorce is contested it may take between 2 – 3 years, but most contested divorces do settle long before they go on trial.
Merital Regime
In South Africa, the marital regime of the parties determines how the assets will be divided upon dissolution of the marriage, the assets being those at the time of the divorce.
In South Africa, we have a ‘no fault’ system of divorce, meaning that a divorce will be granted if one of the parties believes that there has been an ‘irretrievable breakdown of the marriage relationship’ and that there are no reasonable prospects of restoring it. Therefore, a marriage can be dissolved even if one of the parties does not wish to get divorced.
Civil marriages, civil unions and those religious marriages conducted by registered marriage officers can only be dissolved by order of the court.
Uncontested Divorce
An amicable approach by individuals is encouraged for various reasons including:
- 1. You and your spouse arrive at your own agreement. A court is not dictating the outcome.
- 2. This process encourages communication and problem solving.
- 3. It is considerably less expensive compared to litigating.
- 4. Matters are resolved quickly;
- 5. It limits conflict between spouses as the process is amicable, conciliatory and tends to decrease hostility and reduce future conflict;
- 6. The impact of on-going litigation on the emotional wellbeing of children is negated
Contested Divorce
A court has jurisdiction in a divorce action if one or both parties are:
- domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or
- ordinarily resident in the area of jurisdiction of the court on the said date and has/have been ordinarily resident in South Africa for a period of not less than one year immediately prior to that date.
TO BECOME A CLIENT
Ready to Get Started?
Please, complete the below form to schedule a consultation. Once data has been processed a friendly administrator will contact you without delay.
