DIVORCE ATTORNEY
At LEEUWNER MARITZ ATTORNEYS we UNDERSTAND that a divorce is emotionally overwhelming – its a difficult time and as a husband and wife firm we can walk this road with you.
Our divorce attorneys can represent YOUR INTERESTS while respecting both parties and predominantly the welfare of your children.
What is divorce?
A divorce is the termination of a marital union and the cancelling and reorganizing of the legal duties and responsibilities of marriage. Civil marriages, civil unions and those religious marriages conducted by registered marriage officers can only be resolved by order of the court
Valid grounds for a divorce
South African court will grant a divorce order on three grounds
- Irretrievable break-down of the marriage or civil union;
- Mental Illness of a party to the marriage;
- Continuous unconsciousness of a party to a marriage.
One – Irretrievable break-down of the marriage or civil union;
When either or both spouses no longer are able or willing to live with each other, thereby destroying their husband and wife relationship with no hope of resumption of spousal duties. The breakdown of the marriage must, for whatever the reasons, have reached such a state of disintegration that there is no reasonable prospect of the restoration of a normal marriage relationship between them.
Main grounds for an irretrievable breakdown are:
- Adultery, extramarital sex, infidelity;
- The spouses have not lived together as husband and wife for a substantial period of time.
- Domestic violence;
- Complete lack of communication between the spouses;
- Addictions (alcoholism / drugs / gambling);
- Work holism.
Two – Mental Illness of a party to the marriage;
You will have to prove that for a certain prescribed time period, your spouse was admitted to, or still is, in a mental institution.
Three – Continuous unconsciousness of a party to a marriage.
Matters dealt with during the divorce process
The legal process of divorce may include issues of
- Spousal support;
- Maintenance pending the divorce;
- Children-Interim care or contact
- Child custody / support;
- Parental rights;
- Primary residence;
- Parenting plan.
- Matrimonial assets – same are divided according to the marital regime applicable to the marriage:
- In community of property;
- Out of community of property (without the accrual)
- Out of community of property (with the accrual)
- Division of debt.
The divorce process can be contested or uncontested
An opposed or contested divorce
When the spouses decide to dissolve their marriage but are unable to agree on the terms of the settlement.
Pleadings will be exchanged between the parties’ respective legal representatives and the case will go to trial.
After hearing evidence, the Judge will make a ruling.
An unopposed or uncontested divorce
It is a divorce where both parties have agreed to the divorce itself as well as to all aspects of the divorce.
The parties will sign a settlement agreement, the terms of which must be capable of enforcement and same will normally be incorporated into the court order and thus be made an order of court to which both parties will be bound.
Our consideration of your needs will determine our approach to obtaining a satisfactory divorce.
“Your needs together with our expert divorce attorneys will ensure your best solution”
