Our Process / Costing
50% OFF DIVORCE MATTERS
WE WILL BEAT ANY WRITTEN QUOTE
FOR THIS WEEK ONLY WE ARE OFFERING A 50% DISCOUNT ON ALL DIVORCES MATTERS
UNOPPOSED / UNCONTESTED DIVORCES:
Now R7 500
We do start to finish divorces which entails:
- Taking instructions (First Consult)
- Drawing up the Summons and Particulars of the claim
- Issuing in court and getting a case number
- Attend to service of Summons on the Defendant
- Negotiating the division of the marital estate (1 X Round Table Discussion)
- Draft the Settlement agreement
- We set the matter down for Trail
- 1 X Court appearance to get the Decree of Divorce
- If minors are involved, we do the Family Advocate endorsement to ensure the best interest of the minor children. (Draft the Parental Plan and do the Family Advocate interviews and have this made an order of court) R990.00 if we have minors.
WAS R15 000
NOW R7 500
consult fees: Was
R1990 now R990
OUR DIVORCE PROCESS
The divorce process in South Africa is rather uncomplicated, yet the financial and emotional consequences can be devastating without the correct guidance.
A divorce action is instituted by the issuing of a summons. You can divorce in either the Regional Court of the Magistrate Court having jurisdiction in your area or in the High Court. To start the divorce process, you need to serve a Summons. A divorce summons is unique in that it must be served personally on the defendant by the sheriff of the court.
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 you or your spouse are ordinarily resident in South Africa for a period of not less than one year immediately prior to that date.
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.
In South Africa, the marital regime of the parties determines how the assets will be divided upon dissolution of the marriage. 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. The spouse wishing to end the marriage must issue a summons against the other spouse, stating that the relationship has broken down, that there is no reasonable prospect of restoring the relationship and which matrimonial property regime governs the marriage. The summons must make provision for the division of the estate, either stating that the parties have entered into a prior agreement or asking the court to divide the joint estate or enforce the provisions of the ANC. Parties must also set out what the arrangements are with regards to any children born or adopted during the marriage.
FAMILY ADVOCATE ENDORSEMENT
Usually where children are involved or where there are substantial assets, retirement annuities or pension funds, it is advisable to seek the assistance of an attorney with family law experience. We draft a comprehensive settlement agreement and parenting plan which must be endorsed by the Family Advocate to ensure that the best interests of the minor children are realised upon dissolution of the marriage. Going back to court after a divorce was granted to rectify mistakes made by you or an inexperienced legal practitioner in a settlement agreement can be rather costly.
The contested divorce process is rather complicated and requires expert legal knowledge and negotiation skills. The process is as follows:
- application for and set down of trial date
- discovery of documents
- further discovery and particulars
- pre-trial conference
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