Question 1

We want to get divorced amicably; what are my options?

Accepted Answer

There are several options. A settlement agreement can be reached through negotiations between the attorneys, or your attorneys may consider it necessary to go to mediation. Mediation aims at a collaborative process where spouses and the mediator attempt to settle all their differences out of Court. It is best to consult with an attorney to decide which option is best for you.

Question 2

I want to divorce, my husband is fighting me on all aspects, what do I do?

Accepted Answer

There is no need for your husband to agree. You simply file a divorce summons and claim what is due to you in terms of the matrimonial assets and what is in the best interest of the minor children.

Question 3

Who pays the lawyers?

Accepted Answer

Generally, each spouse pays his or her own lawyer. If you are a spouse in need of financial help, your attorney can request temporary support for you and attorney's fees to help cover the costs of your representation, based on your need and your spouse's ability to pay.

Question 4

All of our assets are under my spouse's name. Am I still entitled to something?

Accepted Answer

Yes. The general premise if you are married in community of property is that everything acquired before and during the marriage is to be split 50/50, regardless of title. There are many other factors that are important to consider, such as inheritances and pre-nuptial agreements.

Question 5

My spouse does not want to get divorced. What can I do?

Accepted Answer

You do not need spousal consent to get divorced. You do not need to prove grounds for your divorce either. All the Court will require from you to dissolve your marriage is that you state, under oath, that, in your opinion, the marriage is irretrievably broken down.

Question 6

I don't know where my spouse is now staying, can I still get divorced?

Accepted Answer

Yes, there is an application you can bring in court for the divorce summons to be served via e-mail, text message or even published in the newspaper.

Question 7

How long does a divorce take?

Accepted Answer

It varies. Uncontested divorces may take weeks to months, while contested matters can take longer depending on complexity.

Question 8

What is the cost of hiring a divorce lawyer?

Accepted Answer

Fees depend on the nature of the divorce and services required. We provide transparent quotes tailored to your case.

Question 9

Can mediation replace court proceedings?

Accepted Answer

In many cases, yes. Mediation can resolve parenting, property and maintenance disputes without prolonged litigation.

Question 10

What documents do I need to provide?

Accepted Answer

Marriage certificate, birth certificates, financial records, property information, and details regarding children's care and schooling.

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At Tim van Rooyen and Associates, we specialise in divorce and matrimonial law.

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