SPECIALIST DIVORCE LAWYERS IN SOUTH AFRICA
Your Preferred Legal Partner In Divorce Matters In South Africa
WHAT DOES A DIVORCE ENTAIL IN SOUTH AFRICAN LAW?
Divorce is the termination of a marital union or marriage. With the dissolution of the partnership comes the cessation and cancellation of legal duties and responsibilities of the marriage to the spouses.
South African Divorce Law relies on a “no-fault” system of divorce. No-Fault Divorces is defined as a divorce in which the dissolution of a marriage doesn’t require the showing of wrongdoing by either spouse. Family Courts in South Africa can grant a divorce instituted by plaintiffs without them providing evidence that the defendant committed a breach of the marital contract. A divorce order in South Africa can be granted if the courts are satisfied that the marriage relationship between the spouses has broken down to such a state that there is no hope or a reasonable possibility of restoring the relationship to a normal marital relationship between them. South African Courts’ decisions on granting a divorce are thus based on the “irretrievable breakdown of marriage”.
WHAT IS DEFINED AS THE IRRETRIEVABLE BREAKDOWN OF A MARRIAGE IN SOUTH AFRICA?
The irretrievable breakdown of a marriage, also referred to as the irremediable breakdown of the marriage, is a broad basis for divorce that is characterised by the development of incompatibility between spouses and the sole legal ground for a “no-fault” Divorce.
The Legal Grounds for Divorce in South Africa include:
The irretrievable breakdown of the marriage.
Adultery.
Physical, emotional, economic or verbal abuse.
Loss of love, affection and meaningful communication.
Mental illness where one party requires institutionalisation with no signs of recovery.
Drunkenness or drug addiction.
Marriage partners not living together for a continuous period of one year or more and leading separate lives etc.
WHAT IS THE COST & DURATION OF DIVORCE IN SOUTH AFRICA?
The Divorce procedure in South Africa is mostly uncomplicated and straightforward. The divorce process, how long it takes, and the cost thereof will largely depend on whether or not the divorce is contested. A divorce can either be contested, uncontested and, in rare cases, mediated.
CONTESTED DIVORCES
One or more spouses disagree on the terms and conditions of their divorce. Disagreements relate commonly to child and spousal maintenance, division of property and assets, child care, etc.
Contested divorces can be costly and lengthy, negatively impacting the finances and emotions of the divorcing parties and families.
How long does a contested divorce take?
Generally, a contested divorce can take anything from 1 to 3 years to finalise due to settlement agreements not being agreed upon between parties and being revised. Often, contested divorces reach settlement agreements long before they go on trial.
How much does a contested divorce cost in South Africa?
Contested divorces are based on time and dependent on reaching a settlement between the parties involved and the fees and disbursements involved. Generally, opposed divorce lawyers charge an hourly fee of between R1000 and R46000. Divorce matters in South Africa do not allow for divorce lawyers to work on a retainer basis.
UNCONTESTED DIVORCES
The spouses agree on terms that include division of assets, child and spousal maintenance, child custody and other important issues. It causes the least demand on your finances and emotions.
How long does an uncontested divorce take?
An uncontested divorce can take as little as four to six weeks to conclude, making it the quickest solution.
How much does an uncontested divorce cost in South Africa?
Uncontested divorces can cost anything between R 6000.00 and R40 000.00. Unopposed divorces may also be charged at fixed rates of between R10000 and R40 000.00. Costs mostly depend on how soon the divorcing spouses/parties can settle on the terms and conditions set out in the divorce settlement agreement and upon number of years of experience of the attorney handling the divorce.
MEDIATION DIVORCE
Mediation is an option for spouses who do not want to go through the costly and lengthy divorce litigation process. An attorney negotiates a fair agreement between the parties, but the spouses decide on the outcome.
How long does a mediated divorce take?
Generally, a mediation divorce will take 6 to 8 weeks from the first consultation with the divorce attorney to the divorce being granted by the Courts. Mostly it will entail 2 to 3 consultations with the attorney dealing with your divorce matter to conclude the divorce settlement agreement.
How much does a mediated divorce cost in South Africa?
The cost of divorce mediation is generally between R10 000 to R25 000, including the legal divorce processes. The time and fees vary considerably from one divorcing couple to another and one divorce mediation attorney to another.
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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 divorce-related matters.
