DIVORCE SERVICES
Facing a divorce can feel overwhelming, but with expert support, you can resolve matters with clarity and control.
Ending a marriage can be emotionally challenging, legally complex, and financially stressful. At Tim van Rooyen & Associates, we provide expert divorce lawyer services in Gqeberha (Port Elizabeth) to guide you through every step of the process with clarity, professionalism, and empathy.
We will strive to conclude your divorce as quickly as possible and obtaining what you deserve post divorce.
The Divorce Process with Tim van Rooyen & Associates
- Initial Consultation
Discuss your objectives, concerns, and options in a confidential setting. - Case Assessment & Strategy
We analyse your legal position, financial standing, and parenting considerations. - Filing & Documentation
Draft and file necessary pleadings, summonses, and affidavits in compliance with South African law. - Negotiation & Mediation
Where appropriate, we facilitate mediation to reach a fair settlement without prolonged litigation. - Court Representation
For contested matters, we provide skilled advocacy and guide you through hearings to protect your interests. - Finalisation
Once the court grants the divorce or a settlement is reached, we ensure proper registration, transfers, and documentation are completed.
Download Free guide on the steps of divorce
Why a Divorce Lawyer is Essential
- Protect Your Rights: Ensure fair division of property and maintenance.
- Legal Compliance: Navigate complex divorce laws in South Africa.
- Reduce Stress: Avoid common pitfalls and unnecessary delays.
- Objective Guidance: Professional advice without emotional bias.
Family-focused
The relationship with your spouse post-divorce can be complex and problematic. Our attorneys will draft water tight family plans that will secure primary care and visitation rights that are in the best interests of the child.
Assets - focused
Tim van Rooyen will secure your future after the divorce by way of litigation or by agreement that focuses on your future.
What do we mean?
We will strive for a comfortable post-divorce lifestyle that secures your assets for both yourself and your children. None of our client's will be take for all that they have, we will protect your rights.
What do we mean?
We will strive for a comfortable post-divorce lifestyle that secures your assets for both yourself and your children. None of our client's will be take for all that they have, we will protect your rights.
Frequently asked questions
1.We want to get divorced amicably; what are my options?
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. In the meditation the aims at 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 the best for you.
2. I want to divorce, my husband is fighting me on all aspects, what do I do?
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.
3.Who pays the lawyers?
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 also attorney’s fees to help cover the costs of your representation, this based on your need and your spouse’s ability to pay
4. All of our assets are under my spouse’s name. Am I still entitled to something?
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.
5. My spouse does not want to get divorced. What can I do?
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.
6. I don't know where my spouse is now staying, can I still get divorced?
Yes, their is an application you can bring in court for divorce summons to be served via e-mail, text message or even published in the news paper.
7. How long does a divorce take?
It varies — uncontested divorces may take weeks to months, while contested matters can take longer depending on complexity.
8. What is the cost of hiring a divorce lawyer?
Fees depend on the nature of the divorce and services required. We provide transparent quotes tailored to your case.
9.Can mediation replace court proceedings?
In many cases, yes. Mediation can resolve parenting, property, and maintenance disputes without prolonged litigation.
10. What documents do I need to provide?
Marriage certificate, birth certificates, financial records, property information, and details regarding children’s care and schooling.
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. In the meditation the aims at 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 the best for you.
2. I want to divorce, my husband is fighting me on all aspects, what do I do?
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.
3.Who pays the lawyers?
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 also attorney’s fees to help cover the costs of your representation, this based on your need and your spouse’s ability to pay
4. All of our assets are under my spouse’s name. Am I still entitled to something?
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.
5. My spouse does not want to get divorced. What can I do?
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.
6. I don't know where my spouse is now staying, can I still get divorced?
Yes, their is an application you can bring in court for divorce summons to be served via e-mail, text message or even published in the news paper.
7. How long does a divorce take?
It varies — uncontested divorces may take weeks to months, while contested matters can take longer depending on complexity.
8. What is the cost of hiring a divorce lawyer?
Fees depend on the nature of the divorce and services required. We provide transparent quotes tailored to your case.
9.Can mediation replace court proceedings?
In many cases, yes. Mediation can resolve parenting, property, and maintenance disputes without prolonged litigation.
10. What documents do I need to provide?
Marriage certificate, birth certificates, financial records, property information, and details regarding children’s care and schooling.