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Getting divorced
If you have any kids, debts, assets or if there are contested issues, then we will need to represent you throughout the process at our normal rates. We will help you decide on how to divide your assets fairly and work out what is best for your children. We will help you to minimize the cost and stress of a divorce.
If there are no disputes between you and you have no kids, no debts and no property we offer an inexpensive option (R1500 plus VAT). For this fee we will prepare all the court forms for you and provide you with a detailed step-by-step check list as to all procedures to follow to get divorced. You will represent yourself in court. If there are no contested issues, and you want to proceed, please email Roy Bregman to provide you with a detailed questionnaire to complete. After you pay our fee of R1500 plus VAT (R1710) we will generate all the forms that you need and the detailed check list. If you have any questions please call or email Roy.
Featured Articles
The fact that your spouse may live outside South Africa or has disappeared is not a problem in that the court can be approached for direction as to how the summons should be served.
This article deals with separation, divorce and the divorce agreement (proprietary rights, maintenance, access and custody).
What legal steps can you take if your spouse fails to pay maintenance?
A SA branch of the British founded Fathers-4-Justice (F4J), a civil rights organisation campaigning for children's rights to see both parents and grandparents after a divorce, has been formed. Dr Steven Pretorius the founder of F4J in SA, said the organisation's main goal was to raise awareness of the plight of many parents – mainly fathers who had restricted or no access to their children
The friendlier your divorce settlement, the more likely you are to have a better settlement. A long, drawn out divorce war is hardly likely to benefit anyone but a bevy of well-fed divorce lawyers.
I am married to a South African and want to get a divorce. We were married in South Africa about 4 years ago and have been separated for 2½ years. We now both live in New Zealand and have agreed on the terms and conditions of our divorce. Can a South African Court divorce us?
The South African branch of Fathers4Justice, a non-profit organisation campaigning for the rights of parents to have access to their children, wants to see the practice of almost always awarding custody to women changed.
What are the rights are of a parent who has joint custody of a child as opposed to one that has sole custody?
What is the legal position of a divorced parent taking a child overseas permanently?
The Cape High Court has given single parents seeking maintenance from their former partners a major breakthrough by ruling that maintenance courts can grant any order to ensure that maintenance orders are satisfied.
The financial services industry is linked in various ways to the attorneys’ profession. This is especially apparent when attorneys drafting divorce settlement agreements are faced with various financial products like pension funds, retirement annuity funds and endowments. It is imperative that every practising attorney understands the rules of each particular product that forms part of the financial planning process.
Sexist and demeaning attitudes still prevail against women when redistributing assets of a failed marriage.
Unless the agreement of settlement concluded between divorcing parties expressly states so, a maintenance order in favour of an ex-wife terminates on the death of the ex-husband.
A Johannesburg businessman has failed to prevent his excommunication from the Jewish Orthodox community by the Jewish ecclesiastical court – the Beth Din – because he failed to honour his child maintenance agreements.
Mediation involves both parties in working out arrangements for themselves and their children instead of handing over control of their affairs to lawyers or a court.
Divorce can be a costly affair - emotionally and financially - but it needn't be. Through mediation, acrimony can be converted into cooperation, stalemate into resolution.
Divorce
is never easy on kids, but there are many ways parents can
lessen the impact of their break-up on their children:
Useful tips if you are in the process of getting divorced
Every kid has rights, particularly when mom and dad are
splitting up.
Every child has the right to basic necessities such as food, shelter, clothing, medical care and schooling.
A divorced parent may be refused permission to take a child overseas if it not in the best interests of the child
Victims of sexual offences often feel scared, confused, and angry. They do not know where to turn for help. This guide provides valuable information.
The Domestic Violence Act impacts positively on families who are affected by violence.
Here's
some good news: If you're courageous enough to pick up this
booklet, you've taken the first step toward making your marriage
work.
Every year, more than 1 million American couples get divorced. For
those men and women, it is often the most grueling, emotionally
exhausting, and expensive experience they will ever have.
Copyright 1994 American Academy of Matrimonial Lawyers
Few marriages can
be expected to stand the course these days without the occasional
sexual hiccup, and infidelity is on the increase. We have
obtained advice from experts on how to survive it and how to
avoid it.
This article discusses recent developments in US law where a parent is granted "virtual visitation" - the chance to talk with a child through an internet video connection
In what is seen as a landmark ruling, a mother of two has been awarded R100 000 in outstanding maintenance payments over five years from her former husband for their 10-year-old son.
The Durban High Court declared section 7(1) of the Recognition of Customary Marriages Act inconsistent with the Constitution
We promote a holistic approach for those going through a divorce. We believe that a win-win approach is the only way a family can survive the process successfully.
Approaching litigation in a more civilized, respectful, and humane way
Can divorcing parents compel their young child to belong to their church and adhere to its dictates?
The Constitutional Court declared on 8 December 2008 that a KwaZulu-Natal woman married in customary law was entitled to property accumulated before she and her husband began divorce proceedings.
If there are no disputes between you and your spouse and you have no kids, no debts and no property you can do your own divorce inexpensively.
Have you ever wondered "Should I stay married or should I divorce"? You are not alone. Troubles in a marriage easily prompt these kinds of questions. This article will help you sort out your feelings.
No party or child involved in divorce cases may be identified in press reports.
A woman married in terms of Islamic law has been granted interim maintenance for herself and her daughter pending her divorce, despite her partner claiming that no marriage existed.
As the deceased had maintained contact with his customary wife, he had never intended to desert her or terminate their customary union, which rendered his civil marriage invalid.
There is a duty on parties to a dispute to attempt to mediate the dispute and an obligation on opposing attorneys to encourage mediation, before litigation commences
There are ways to minimise the trauma a child feels when parents break up, writes Judith Ancer
In a ruling described as ‘precedent-setting’ by the University of Johannesburg's Law Clinic, the court granted full parental rights and responsibilities, and specifically the right to care, to Mr Jose Williams, the unmarried biological father of a two-year-old girl.
The things that you shouldn't do if you have recently been divorced
One cannot simply regard a marriage as having never validly taken place. There are some instances where grounds do in fact exist where a marriage is invalid and annulled. Otherwise, the parties must get divorced.
A divorce means that a couple legally ends their marriage or union.
This article describes the duty to support someone else financially
Married couples can dissolve their marriage through divorce. This ends the marriage and the divorced parties can legally marry again.
This article deals with the various time limits that are involved in regard to the request for payment, and the time that is allowed to funds within which to make the payment