divorce lawyers in pretoria

Divorce lawyers in Pretoria

There are two ways to go about getting a divorce:

Uncontested Divorce is a divorce in which both parties have agreed on all of the Divorce’s terms.

When the parties can’t agree on the terms of the Divorce, it’s called a contested divorce. After then, the Court is requested to make a decision.

An uncontested divorce is substantially less expensive and takes far less time than a contested divorce.

divorce lawyers in pretoria

Divorce proceedings often contain the following issues: Assets and Liabilities Division of Assets and Liabilities.

Maintenance of the Parties’ Parental Rights and Responsibilities, such as: Contact; Minor Children’s Primary Residence; Minor Children’s Maintenance; Guardianship and Decision Making.

The Services Offered by Vermeulen Attorneys

Our divorce attorneys can help clients with all elements of the divorce process, including:

Examining their circumstance and advising them on the best course of action

Drafting a Settlement Agreement for the parties to sign Communicating with their spouse and negotiating the divorce terms

Divorce Summons Drafting

Applying for and obtaining a Rule 43 or Rule 58 Interim Order from courts involved in the Divorce, such as the Maintenance Court and the Children’s Court

Referring a Settlement Agreement to the Family Advocate’s Office for approval

Obtaining and applying for a Protection Order

Assisting the parties in engaging and appointing a mediator Appearance in Court for the Divorce Hearing Pension Benefits Division

Divorce Orders Can Vary

Download our FREE Divorce Guide by clicking here.

Our clients may relax knowing that their Divorce is being handled by a qualified divorce attorney.

We are efficient and knowledgeable divorce attorneys with a clear cost structure.

Our divorce lawyers have streamlined processes to eliminate the issues that cause delay, frustration, and unnecessary costs in Divorce, ensuring that our clients get a quick and cost-effective divorce resolution.

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We help our clients with every element of their Divorce and keep them updated throughout the route.

Contact a divorce attorney from one of our groups.

Are you looking for a Pretoria divorce lawyer? Then look no further than SKV Attorneys Inc., one of Pretoria’s most reputable divorce firms. We will guide you through every step of the divorce process, from asset division to child custody determination. Give us a call now to learn more about how we can assist you!

A divorce may be an emotionally draining experience for all parties involved. Not only does the spouse have to deal with the difficulty of dividing assets and the agony of a breakup, but if there are children involved, their emotions are also involved. The measures that must be followed, whether the breakup is mutual or unpleasant for one person in particular, can be lengthy and stressful, especially if one person refuses to participate. Divorce is difficult enough as it is, but we can help you through it. We attempt to make the divorce process as simple and painless as possible for all parties involved.

Our renowned divorce lawyers will work around the clock to ensure that everyone is handled with respect and that the outcome is satisfactory.

This information is intended to aid you in getting a divorce decree in a South African Regional Court. It only provides general information and is not intended to replace legal advice. Obviously, it can’t give you precise divorce advice; only a lawyer can do that (and help you to protect all of your rights).

This self-help resource should only be used in uncontested divorces with no contentious or complicated issues involving the children, property partition (or debts), maintenance, or pension. It may be desirable to have a lawyer assist you in your Divorce if your Divorce is or becomes contested or if any issues occur (especially with relation to any of the above). Where this guide goes beyond the scope of an uncontested, simple, and uncontentious Divorce, it is intended to provide you with information and understanding of the general process and the steps your attorney is likely to take. It should not be used to attempt to do these things without legal assistance, just as you would not operate on your own body from a book but might want to understand w

best divorce lawyers in pretoria

The First Steps

Let us first address some preliminary questions before we get into preparing the summons and sending it off to begin the process:

How much does a divorce set you back?

In the case of an uncontested divorce (i.e., there is no disagreement between you and your spouse about the divorce or what should happen), your costs are likely to be limited to the Sheriff’s fees and modest transportation, photocopying, and other charges. Sheriff’s fees vary depending on the distance he must travel and the number of tries he must make to serve pleadings on the opposing party, but they are typically in the hundreds of rand. Before asking the Sheriff to serve pleadings, it’s a good idea to contact him and get an estimate.

When a divorce is challenged, the expenses become uncertain and wholly dependent on the facts of the case, but it can quickly become quite expensive.

What can I do if I require the services of an attorney but cannot afford one?

If you require legal assistance but cannot afford an attorney, you may be eligible for legal aid. To enquire about your position and the availability and eligibility for legal aid, contact Legal Aid South Africa, your local University Law Clinic, or your local Law Society.

You can also go to Court and ask for an order requiring your spouse to pay for your legal expenses. This is accomplished through the use of a so-called “rule 58” application, which is detailed in greater detail here.

When it comes to getting divorced, how long does it take?

Where a divorce is unopposed and there are no complications or children involved, it can potentially be finished in as little as four weeks.

When a divorce is contested, it might take anywhere from two to three years, if not more. However, in the vast majority of cases, divorces are settled without the need for the parties to go to Court — even when the Divorce began as an adversarial divorce. When the parties in a contentious divorce reach a settlement agreement and the Divorce becomes uncontested, the divorce can be finalized in as little as four weeks.

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My partner has stated that he or she will not ‘give me a divorce.’ What options do I have?

Your spouse can object to the Divorce, but the Court, not your spouse, is the one who granted the Divorce. Even if your spouse does not want to divorce, if you can show the Court that the marriage has irreversibly broken down, the Court can award a divorce judgment.

I understand that Divorce can take a long time, and in the meantime, we can’t agree on child custody arrangements. What options do I have?

There is a procedure known as a “rule 58” application that allows you to seek the Court for an order regarding child custody, access, and maintenance while your Divorce is being finalized. You can even ask for assistance with your legal fees. Click here for additional information on this.

During the divorce procedure, the family advocate will also be involved. More information about this will be provided later in this book.

What if there’s been domestic violence?

THE FOLLOWING ISSUES MUST BE ADDRESSED IN A DIVORCE:

Division of property

Custody of the child

Children’s rights to access

A maintenance plan provides financial compensation.

Wherever possible, our Pretoria lawyers will assist in securing a settlement and, as a result, the shortest possible end to the marriage. It’s possible that the parties may be unable to reach an agreement, and that this will result in a lengthy process. We aim to avoid this wherever possible, but if mediation fails, we will make sure that our customers’ best interests are taken into account.

OUTSIDE THE PROPERTY COMMUNITY

Following 1994 (November), if a couple is married without communal property and outside the accrual system, they each keep their personal assets after the divorce. If one spouse borrows money from the other, the other spouse has the right to demand return.

IN A PROPERTY COMMUNITY

When a couple does not sign an antenuptial contract, their marriage is governed by community property. As a result, their assets, as well as their debts, are shared. When a couple divorces, their assets must be shared, and both spouses must pay their debts. Complications with the separation of assets and responsibilities may occur in such situations.

When a couple divorces, their assets must be shared, and both spouses must pay their debts. Complications with the separation of assets and responsibilities may occur in such situations. To help you avoid the problems of divorce, contact our Pretoria law office.

Domestic violence issues can be handled by the courts, and the procedure is the same whether or not you are going through a divorce. This, however, is outside the scope of this manual. Click here for more information.

What do I require in order to obtain a divorce?

Look at the list of required papers on the next page (“Courts”) and begin gathering them as soon as feasible.

What if I’m a Civil Union member?

The procedure is identical to that of a ‘normal’ civil marriage, and you can follow the instructions in this handbook.

What if I’m already married in the traditional sense?

This is beyond the scope of this guide and is dealt with elsewhere. Click here for more information.

GET HELP FROM THE BEST DIVORCE ATTORNEY PRETORIA HAS TO OFFER TO AVOID PITFALLS ARTICLESHOMEARTICLESGET HELP FROM THE BEST DIVORCE ATTORNEY PRETORIA HAS TO OFFER TO AVOID PITFALLS

TO AVOID PITFALLS, SEEK HELP FROM THE BEST DIVORCE ATTORNEY PRETORIA HAS TO OFFER.

Consider Ritte Oosthuizen Attorneys, which specializes in family law and Divorce disputes, if you’re seeking for the top divorce attorney Pretoria has to offer. Because the dissolution of a partnership is such an emotional and complicated affair, you’ll want a lawyer who is professional and discreet while dealing with delicate matters. You’ll need someone who can be objective when it comes to property division, guardianship, and kid access. If a divorce is not handled appropriately, it can turn ugly. We assist you in staying focused and ensuring that the children’s best interests are considered. We recognize that it is more than just a family breakup, and we also understand the agony that comes with such a decision. As a result, we offer our advice to the entire family in order to reduce the trauma for everyone. We’ve put together some information that may be helpful in gaining a better understanding of Divorce and its legal implications of it. A divorce law firm is the dissolution of a relationship that the Court regards as a marriage. We also have custom weddings in South Africa, where the husband has more than one wife. A divorce is followed by the return of the Lobola paid by the husband’s family in this case. There are also Hindu and Muslim family law marriages in which the pair is wedded by an imam, and such marriages are terminated by religious norms and regulations rather than traditional legal proceedings. Other types of marriages include same-gender unions and traditional husband-and-wife unions. The latter case must be resolved through court action.