What is an uncontested divorce?

In an uncontested divorce, you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only one party, known as the plaintiff, appears in court. In this type of divorce, the parties … Read more

What is divorce mediation?

Divorce mediation is when a third party with a legal background helps a divorcing couple reach a settlement agreement. The mediator will advise the parties on the various scenarios they could face if the matter goes to court. The divorce mediator acts as a neutral third party, and they generally have a legal and/or psychology … Read more

What is family law?

Family law or matrimonial law includes family matters and domestic relationships, such as marriage and civil unions, divorce and annulment, child custody, and the best interest of the child, maintenance, child abuse, and domestic violence. Attorneys practicing family law can represent clients in family court proceedings or in related negotiations and can also draft important … Read more

When to get a divorce lawyer

When considering whether or not to hire a divorce lawyer, it is important that both spouses weigh up all the options and figure out what is best, depending on their personal and financial circumstances. Negotiating divorce without a lawyer Divorce is a deeply complicated and emotional legal process. That being said, not all couples require … Read more

How to get a divorce

You are entitled to a divorce on two accounts: If you can prove to a court that you and your spouse can no longer live together and there is no possibility of resolving your differences. If one of the spouses is mentally ill or continuously unconscious. A couple can either divorce in the Regional Court … Read more

Irretrievable breakdown

A court may grant a decree of divorce on the grounds of the irretrievable breakdown of the marriage if the court is satisfied that the marriage relationship between the spouses has reached such a state of disintegration that there is no reasonable prospect of restoring a normal marital relationship between them. This test can be … Read more

Legal separation vs divorce

If you no longer want to live with your spouse but you are not sure whether you want a divorce, then you may want to undergo a legal separation. A legal separation is similar to divorce – you will still have to negotiate child custody, visitation and child maintenance, spousal maintenance, and the division of … Read more

Lump Sum orders and divorce in South Africa

When two people get divorced in South Africa, it’s possible for one spouse to pay the other a lump sum in place of ongoing maintenance. This may be obtained via a lump sum order as part of the divorce settlement. How are lump sum orders in South Africa decided? A court of law will make … Read more

Maintenance defaulters

According to section 18 of the Children’s Act 38 of 2005, the parental responsibilities and rights regarding a child include the responsibility and the right to contribute to the maintenance of the child. Maintenance includes the necessary provision of clothing, housing, dental and medical care, and education for the child. There are no extraordinary rights … Read more

Maintenance Orders in South Africa: How they work

In South Africa, parents or alternative legally-appointed guardians who are primary caregivers are required to support children in their care. In circumstances where the other parent is not contributing to child support, the primary caregiver is entitled to seek maintenance through a court of law. A brief guide to maintenance orders in South Africa follows: … Read more