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Julies Attorneys Inc. is a full-service boutique law firm with offices in Johannesburg and Cape Town.

DIVORCE LAWYERS IN JOHANNESBURG AND CAPE TOWN

– Upfront pricing and effective service in your divorce matters –

DIVORCE IN SOUTH AFRICAN LAW

Divorce is an unfortunate reality for many spouses, bringing an end to a particular way of life.

Divorce in South African law refers to the termination of a marital union, cancelling the legal duties and responsibilities of marriage, and dissolving the bonds of matrimony between a married couple. Divorce in South Africa requires the sanction of a court in a legal process.

The legal process of divorce may also involve spousal support, child custody, child support, distribution of property and division of debt. Careful consideration should be paid before starting divorce proceedings, and ideally, some planning should happen to provide for temporary arrangements while proceedings are underway and for the new life after the divorce.

COSTS AND DURATION OF A DIVORCE

The costs of a divorce depend on the parties’ unique characteristics, assets and lifestyle, children, the extent of the disagreement, willingness to compromise, and emotional hurt and attachment. While an uncontested divorce can be achieved within months, an uncontested divorce can take several years to conclude.

MAINTENANCE DURING DIVORCE

It is possible to claim maintenance from your spouse during the divorce proceedings. With a Rule 43 application, maintenance for a spouse and children can be claimed. This application is in addition to the claim for maintenance as part of the divorce order.

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CLAIMS FOR THE DIVORCE ORDER

  • The claim of a spouse is dependent on the matrimonial property regime of the spouse.
    If spouses are married in community of property, then the spouses could share all assets equally, and this includes immovable property such as houses, and movable property such as cars, shares, pensions and annuities. Spouses with an antenuptial contract that governs their matrimonial property will share property in accordance with it.
  • A different matrimonial property division at divorce.
    A court can be approached for a divorce order that will divide the assets of the divorcing spouses differently to the original matrimonial property regime, depending on the conduct during marriage and the life circumstances of the different spouses.
  • Divorcing a spouse that is missing.
    It is possible to divorce a spouse you have lost all contact with and do not know how to locate. A missing spouse can be divorced by substituted service. The court should grant an order for substituted service, allowing for a divorce summons to be served in an alternative manner, such as its publication in a newspaper or on social media. The divorce process will then continue, and the spouse who instituted the divorce may ask the court for a divorce by default judgment.
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FOR CONTESTED OR UNCONTESTED DIVORCE MATTERS.

CONTACT JULIES ATTORNEYS ONLINE, TELEPHONICALLY OR IN PERSON FOR LEGAL ADVICE ON THE SPECIFIC CIRCUMSTANCES OF YOUR DIVORCE CASE.

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