DIVORCE LAW
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The field of divorce law is Tim van Rooyen's speciality and passion, with his experience in the field, he understand that a divorce can be difficult and emotionally draining.
We will strive to conclude your divorce as quickly as possible and obtaining what you deserve post divorce. 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 is that everything acquired 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. My spouse is in South Africa and I am working abroad, can I divorce? Yes, as long as you launch the divorce in South Africa, an attorney can assist you with filing for divorce on your behalf. Do I have to come to South Africa for the divorce hearing? No, the attorney will then launch an application for your evidence to be lead through electronic means through mediums such as Zoom. |
There are generally 2 types of divorce: contested and uncontested.A contested divorce is when you and your spouse have 1 or more issues that you cannot agree on, for example: child custody, child maintenance or property division.
An uncontested divorce is the opposite, where the parties are in agreement with who will primarily take care of the children, the amount for maintenance and who gets what from the joint owned property. This is usually the kind that lends itself to a quick and smooth divorce, especially if a lawyer assists you through the process and the paper work. We offer an affordable and fully inclusive fee for unopposed divorces. |