Services 

Divorce  services 

South African law provides for no-fault divorce based on the “irretrievable breakdown” of the marital relationship.  A court has the jurisdiction to hear a divorce if either of the spouses is legally domiciled within the geographical jurisdiction of the court, or if either spouse is “ordinarily resident” (i.e. normally lives in) the jurisdiction and has been ordinarily resident in South Africa for at least a year.

Divorce cases are heard in the High Courts or, since 2010, in the regional civil magistrates’ courts. Divorce cases in Regional court usually proceed at a faster pace ,due to their lighter case load ,comparatively to the High Courts

As your divorce attorney we will endeavour to initiate  you divorce proceeding in the most cost effective  and timeous manner.

Settlement agreements

The dissolution of a marriage  or civil union and the subsequent division of  matrimonial property can have catastrophic and impractical implications.

It is therefore important that the attorneys involved ensure that the patrimonial claims are formulated correctly in the pleadings and that, should a settlement agreement be prepared and signed, the terms thereof are capable of enforcement.

It has become standard practice in most jurisdictions for parties to settle a divorce action and for the settlement agreement to be made an order of court.

As your divorce attorney we will draft your settlement agreement in a diligent and professional manner .

Litigation

To enforce your rights through the process of legal action can be costly depending on the complexity of the case and the history between the parties ,we are  mindful to this fact and will try to settle a matter on your behalf, if it is in your best interest and only if  we are instructed to do so by our client.

Maintenance

Child’s Maintenance

The standard of living, income and means of the person/s obliged to pay ,are the basic factors to consider when calculating the maintenance contribution towards a child. The obligation rest on both parents proportionally according to their respective means.

If circumstances change, an application for an increase or reduction in maintenance can be made.

Spousal maintenance

Spousal maintenance may be awarded in certain limited cases, although not a right but subject to court’s discretion.

Reciprocal duty of support during a marriage

There rests a legal obligation on both parties to support each other for the duration of a marriage or civil union ,which is dependent on  their financial means and needs .

 


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