SPECIALIST CONTESTED DIVORCE LAWYERS IN SOUTH AFRICA
Your Preferred Legal Partner In Contested Divorce Matters In South Africa
A contested divorce occurs when one or more spouses disagree on the terms and conditions of their divorce. Disagreements relate commonly to child and spousal maintenance, division of property, assets and debts, child care, primary residence and more. The marital regime the spouses were married in terms of will further determine how their assets will be proportioned upon the dissolution of their marriage. As South African divorces are based on a “no-fault” system, divorces can be granted even if one party doesn’t want to divorce. Still in instances where, the other party believes there has been an “irretrievable breakdown” of the marriage, and matters cannot be restored to a normal marital relationship.
Contested divorces can be costly and lengthy, negatively impacting the finances and emotions of the divorcing parties and family. Both spouses need to appear in Court numerous times for the Court to determine the terms of the divorce resulting in high legal fees and years to finalise.
WHAT IS THE CONTESTED DIVORCE PROCESS
IN SOUTH AFRICA?
The contested divorce process consists of various stages. From the onset, whether a party is the plaintiff filing for a divorce or the defendant in a contested divorce, it is of utmost importance to consult with an experienced divorce lawyer with years of experience in Family Law.
The issuing of a divorce summons institutes a divorce action in South Africa. Parties can divorce in the Regional Court of the Magistrate Court having jurisdiction in their area or the High Court. To commence the divorce process, the plaintiff needs to serve a summons. The plaintiff’s summons must include the division of the estate either by stating that the parties have a pre-arranged agreement in place, or by following the type of marital regime applicable to their marriage or asking the Court to divide the estate or enforce the provisions of their signed antenuptial agreement. A divorce summons in South Africa predicts that the summons must be served in person on the defendant by the sheriff of the Court.
PM Attorneys specialist contested divorce lawyers in Pretoria assist parties in all aspects of the contested divorce process, including the following:
WHAT HAPPENS TO THE CHILDREN
IN A CONTESTED DIVORCE?
If no agreement can be reached between the separating parties in regards to whom the children will live with and how much child maintenance will get paid, the Court has the authority to make decisions regarding the children. Careful consideration of the circumstances of the matter and facts presented, together with the observation and recommendations made by a Family Advocate, enables the Court to deliver its final judgment.
HOW IS PROPERTY DIVIDED IN A CONTESTED DIVORCE?
If no agreement can be reached between the separating parties regarding the division of property, the property will be divided according to their marriage regime, entered into before their divorce, i.e. in community of property or out of community of property (with or without the accrual system).
In contested divorce matters where misconduct was proven against one of the parties/spouses, the Court can use its discretion in how to divide the property in any manner it deems appropriate.
INSIST ON DEALING WITH SPECIALIST CONTESTED DIVORCE LAW ATTORNEYS FOR YOUR DIVORCE
PM Attorneys are one of Pretoria’s leading divorce law firms, practising from our offices in Centurion. Our specialist family and contested divorce lawyers and Family Law firm has successfully been operating since 2008, delivering clients across South Africa with the best legal solutions based on experience and knowledge of South African Family Laws and their successful interpretation. PM Attorneys’ divorce law experts employ a formidable litigation team with extensive experience in dealing with all family disputes, divorces, separations and matrimonial matters.
A contested divorce can be emotionally draining and financially disruptive to the parties involved. PM Attorneys specialists have the know-how and provide expert legal assistance to successfully conclude the contested divorce process and finalise other divorce-related issues, such as parenting plans, maintenance, domestic violence orders, and child/spousal maintenance matters. Be sure to trust PM Attorneys professionals with your contested divorce.
PM Attorneys boast extensive experience, knowledge and years in practice, making us the preferred legal partner in South African Law. Contact us for professional, expert advice and practical legal solutions to your contested divorce matters.
