I live in another country and no longer live in South Africa, can I get divorced? I wrote some months ago about international divorces in South Africa, however, we would like to provide more information for spouses considering divorce but who no longer live in South Africa. If you were married in South Africa, it will be far more cost effective and take less time by simply getting divorced in South Africa opposed to going to a local attorney in the country you are currently residing in. I would like to highlight the process that Tim van Rooyen Attorneys uses to effect International Divorces in South Africa: The procedure will start with a consultation via Zoom/Whatsapp video call, this so we can get all your information needed for a divorce summons and to be able to draft a deed of settlement. We will then draft a deed of settlement. Thereafter, the parties sign the agreement in their home country and scan it and e-mail it back to us. We then draft a summons and particulars of claim for a divorce. In order for the court to have jurisdiction we do a Edictal Citation and a Substituted Service application, this to we can legally serve the divorce summons on your spouse by e-mail in a foreign country outside of South Africa. Later on after the above step, we launch an application in court to lead evidence in court via Zoom or by way of affidavit. We then attend court on your trial date and either lead your evidence via Zoom or affidavit and the court will declare you divorced. The court will then send your information to the South African Home Affairs to have your marital status updated. Should you like more information, please contact me via e-mail or call us.
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Getting a divorce in South AfricaThe divorce process in South Africa can be a straightforward procedure or a very long-winded one. It is always advisable to equip yourself with as much knowledge as you can. A Marriage in South Africa must be dissolved in a court. You will need to state that you and your spouse can no longer live together and won’t be able to resolve your differences. Reasons for ending your marriage:
What do I need to get a divorce?You and your spouse will need to discuss a few aspects around the divorce. If this is not an option, you would need to ask your lawyers to mediate. Before a divorce can be granted, you will need to show or prove that you have solutions for the following matters: 1. Custody of the children. Who will have custody of your children? Arrangements will need to be in place for access to the children before the court can make a ruling. The court can restrict access to either party if it believes seeing a parent isn’t in the best interests of the child. 2. Maintenance Payments that will be made and how many will be made? The court will issue an order confirming who pays what. If the two parties can’t agree on payments, then the court will rule on their behalf. 3. Property and asset division. Normally the assets and debts are shared during a divorce, depending on your antenuptial contract. Once your divorce summons is sent, your spouse has 10 days (or 20 if they’re in a different province) to respond. When applying for a divorce, you’ll need the following documents:
Please feel free to give us a call for a divorce consultation.
Timothy van Rooyen 7 Bird Street, Central, Gqeberha Phone: 041-0040086 / 0817874404 E Mail: [email protected] 5 Tips to getting a divorce.What entitles to a divorce?
More recently, legal experts pointed to a surge in new divorce instructions in the country since the onset of the Covid pandemic. Family lawyers said that February and March are typically divorce filing months, however, the pandemic has caused a spike in other months amid increased job losses, and psychological effects including anxiety and depression, while couples were also forced into close proximity for extended periods of time during lockdown. Read more. I often have clients asking me what tips I have for them when they think about getting a divorce. There are a few simple rules that you can stick to, making it easier for yourself, your family and children. When you think of taking on something new in your life, you usually do some research and think things over a few times. Well, it is the same with a life altering decision such as getting a divorce. Do some research about divorces before you jump into it. Read some more on divorce here. Tip #1: Choose your divorce attorney wisely Do some research on the divorce attorneys that you have in mind. Make sure that they practice in matrimonial or family law. Does the firm have relevant experience? Look for an attorney that has worked on a lot of divorce cases such as yours and one that has a deep knowledge of divorce law. Find a lawyer that you feel comfortable with, one that has your best interest at heart. Tip #2: Be open about your finances Divorce is also a sharing of debt, so remember to consider your debt. It might appear that there are many assets and cash, but if these are all supported by debt, you might find yourself in serious financial hardship. Ask yourself a few questions. Can you afford to stay in the house? What will your needs and the needs of your children be? What will your new life cost? Know your assets and know your debts. Have a look at your credit score if you are able to. If you do not have cash to cover costs, you will have to sell assets in order to do so. Read Tip #3: Get organized Get your financial documents in order, make copies of bank statements, keep record of your monthly costs and spending. Budget and try stick to it! Plan your schedules and keep a calendar to be pro active and organized. You will need to keep track of appointments with your attorney, family advocate, court dates etc. Get your documents needed for court in order (ID documents, marriage certificate, children birth certificates) Read more Tip #4: Be informed /Do research Get educated and do your research on how the divorce process works. Make a list of questions you would like to ask your attorney. Being educated on divorce could help you understand the process better and may relieve some of the stress associated with divorce. Think of your children, they are more than often the ones that take the most strain. Find out how you can make it easier on them and discuss these options with your attorney. Will your divorce be contested or uncontested? This will also make a significant different in your finances. Read more here Tip #5: Think ahead Before you embark on the divorce process, think carefully about what you actually really want out of it. Be clear about what you want and, more importantly, what you need. Just because you want something doesn’t mean you have to have it. There will be things that your ex-spouse needs more than you do, and you’ll have to be prepared to consider the reasons for this and be prepared to compromise. Think about the children, how will you share custody, what are you willing to give up? Divorce inevitably involves compromise, it’s easier to accept certain compromises, which are usually inevitable anyway, when you can see the bigger picture. Read To discuss how we can help you, you can click here or call us on 041 004 0086 UNCONTESTED DIVORCE- WHATS IS THAT?What is an uncontested divorce? Believe it or not 90% of the divorces we are encounter are simply two parties who just do not fight anymore and want to divorce amicably. An uncontested divorce is one where a married couple reaches agreement on all issues, which includes the division of their assets, debts, arrangements regarding minor children and the payment of maintenance. This can be achieved through spouses with the assistance of their legal representatives or attended mediation, or simply the parties have already reached agreement on various aspects before coming to see a divorce attorney/lawyer. An uncontested divorce is usually finalised between one to three months, depending on the complexity of issues. Advantages of the uncontested route An amicable approach by individuals is encouraged for various reasons, which reasons include:
The process for uncontested divorces At Tim van Rooyen Attorneys we are specialists divorce attorneys/lawyers in Port Elizabeth we use our wealth of knowledge and experience to assist individuals reach settlement. The agreements required in an uncontested divorce are as follows:
Once all those steps are complete, the attorney will arrange the court date for the hearing and accompany you to Court for granting of the final decree of divorce. Why use Tim van Rooyen Attorneys for your uncontested divorce? Although it may be tempting for you to approach the Court directly and handle your own uncontested divorce, it is strongly recommended that you consult with one of our divorce law specialists first. Incorrect legal advice regarding the division of assets may lead to dire implications. For example unenforceability of orders pertaining to pension/provident funds and retirement annuities in instances when the wording does not comply with the strict requirements of the Pension Funds Act. Every step of the way, we will provide the necessary legal advice to ensure full compliance with legislation as well as ensuring you get the best possible outcome. Our attorneys focus on achieving results for our clients in the most cost-effective manner. Whether it’s assistance with mediating disputes, drafting divorce agreements or assisting with the process in Court, Tim van Rooyen Attorneys can assist you. Book a FREE consultation The internet is so packed with useful information that we have become a nation of do-it-yourselfers determined to save time and money. While you might be able to build a backyard pool with success after viewing a quick YouTube video, there are other projects can have serious consequences if you attempt them on your own.
Handling your own legal matters is one example, and this is particularly the case with a DIY divorce. Whether spouses see eye-to-eye, are in agreement about just one thing, or can’t even get through a conversation without emotion taking over, divorce can be challenging. A DIY divorce might seem like a fast and efficient way to end your marriage, but there are many downsides to choosing this option. Just this week I had to fix two divorce orders that do not comply with pension legislation and so the pension funds refused to payout. The Dangers of DIY Divorce There might be some websites that give instructions for a DIY divorce. These might be attractive options for couples anxious to end their marriage with as little cost and time investment as possible. But there are serious reasons why a DIY divorce can be a bad idea: Lack of Expert Advice When you handle your own divorce, you are likely to miss out on vital advice from a knowledgeable legal attorney who understands what is fair and what isn’t customary in a divorce case. There are some situations that only an experienced divorce attorney knows how to handle, such as property distribution especially when there is fixed property such as house, parenting plans: that will be endorsed by the family advocate, proper maintenance calculations, and pension legislation requirements. For example: should you not make proper provision for how a house will be transferred to the other spouse, the conveyancing attorney will not be able to transfer the house upon conclusion of the divorce. Potential Mistakes Filing your own divorce can be a complex process that opens you up to a variety of mistakes. If your date or fail to agree with your spouse about certain important items ( not included in your DIY settlement agreement), you may not end up with a binding agreement. A qualified divorce attorney in Port Elizabeth will ensure that your paperwork is correct and free of any mistakes that could impact your case . Increased Stress Divorce is already stressful enough. When you are trying to handle everything on your own, you are only adding additional headaches to your plate. Treading in unfamiliar territory can make an already difficult situation even worse. When you work with a trusted attorney, you can have peace of mind knowing that he or she knows the processes. Can Be More Costly Going back to my example above, Ms x had to pay for her DIY divorce papers, then she had to pay again for an attorney to fix it. While handling your own divorce might seem like a cost-effective approach, you could end up paying substantially more in the long run. If you make a mistake or fail to include something in your agreement, you could be facing a drawn-out court battle to have those matters corrected. And some terms can’t be changed, so you risk agreeing to a settlement that could be unfair. Protect Your Interests in Divorce If you are getting divorced in Port Elizabeth/Gqeberha, even an uncontested divorce, take immediate steps to protect your interests. Every divorce is unique and should be handled as such. Whether you have children, assets, a business, or are concerned about things like spousal maintenance, we can help. At Tim van Rooyen & Associates, our expert divorce lawyers will explain your rights and the divorce process in language you can understand. Don’t take a chance on a DIY divorce. Contact our office today for a free consultation. |
AuthorTimothy van Rooyen Port Elizabeth Attorney, He has extensive knowledge in the industry, specialising in Divorce Law. Archives
July 2024
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