Divorce is more than the legal ending of a marriage. It can affect your property, finances, maintenance obligations and arrangements concerning your children. Understanding your legal position from the outset can help you make informed decisions about your future.
In South Africa, a divorce brings a marriage to an end through a court order. A divorce may be granted where the marriage relationship has irretrievably broken down and there is no reasonable prospect of restoring a normal marriage relationship.
Divorce proceedings may also involve important issues relating to property, maintenance and children. These matters should be properly considered before an agreement is reached or the matter is finalised.
OPPOSED AND UNOPPOSED DIVORCE
Unopposed Divorce
An unopposed divorce is where the spouses have reached agreement on the issues arising from the divorce. These may include the division of assets, maintenance and arrangements concerning children. The agreement can be recorded in a settlement agreement and, where appropriate, made an order of court.
Opposed Divorce
An opposed divorce arises where the spouses cannot agree on one or more important issues. Disputes may concern property, maintenance, children or other financial matters. Where the dispute cannot be resolved through negotiations, the matter may proceed through the court process.
WHAT HAPPENS TO YOUR ASSETS WHEN YOU DIVORCE?
The financial consequences of divorce depend largely on the matrimonial property regime governing the marriage. This may include a marriage in community of property, or a marriage out of community of property with or without the accrual system.
Depending on the circumstances, issues may arise concerning property, debts, businesses, investments, retirement interests and other assets. It is important to understand your matrimonial property position before agreeing to the division of assets.
MAINTENANCE AND DIVORCE
Maintenance may arise in relation to children and, depending on the circumstances, between spouses. Child maintenance may include expenses such as food, clothing, accommodation, education and medical costs.
The financial circumstances and needs of the parties and children are relevant when determining appropriate maintenance arrangements.
DIVORCE AND CHILDREN
Where a divorce involves minor children, arrangements must be made concerning their care and contact, as well as parental responsibilities and rights.
Issues may include where the child will live, contact with the other parent, schooling, medical care, travel, relocation and financial support.
The best interests of the child are an important consideration when these arrangements are determined.
HOW DOES THE DIVORCE PROCESS WORK?
The divorce process will depend on whether the matter is opposed or unopposed and on the issues involved. Generally, the process may involve an initial consultation, preparation and issuing of the necessary divorce documents, service of the papers, negotiations where appropriate, settlement of disputes and, where necessary, court proceedings.
Where the parties reach agreement, their agreement may be recorded in a settlement agreement and presented to the court for consideration. Where disputes remain unresolved, the matter may proceed through the litigation process until the court determines the outstanding issues.
CAN MY SPOUSE REFUSE TO DIVORCE ME?
A spouse does not necessarily have the power to prevent a divorce simply by refusing to agree to it. Where the requirements for divorce are satisfied, the court may grant a divorce even where the parties do not agree.
The circumstances of each matter are different, particularly where there are disputes concerning property, maintenance or children.
HOW LONG DOES A DIVORCE TAKE?
There is no fixed timeframe for every divorce. An unopposed divorce may generally be finalised more efficiently where the parties have already reached agreement. Opposed divorces can take considerably longer, particularly where there are disputes concerning property, maintenance or children.
The complexity of the matter, negotiations between the parties and court availability can all affect the timeframe.
WHY YOU SHOULD OBTAIN LEGAL ADVICE BEFORE SIGNING A SETTLEMENT
Divorce settlements can have long-term financial and family consequences. Before signing an agreement, it is important to understand what you are agreeing to and the rights or obligations that may follow.
This includes understanding your position regarding property, maintenance and arrangements concerning your children. Obtaining legal advice before signing can help ensure that the agreement properly reflects your circumstances and protects your interests.
HOW TJALE JUBILEE ATTORNEYS CAN ASSIST
Tjale Jubilee Attorneys assists clients with both opposed and unopposed divorce matters. We assist with the preparation and management of divorce proceedings, negotiations, settlement agreements and the various financial and family issues that may arise during the process.
Our services include:
• Opposed and unopposed divorces
• Divorce negotiations
• Settlement agreements
• Division of matrimonial assets
• Maintenance matters
• Care and contact arrangements
• Parental responsibilities and rights
• Representation in divorce proceedings
NEED ASSISTANCE WITH YOUR DIVORCE?
If you are considering divorce, have received divorce papers or are already involved in divorce proceedings, obtaining legal advice early can help you understand your rights and options.
Contact Tjale Jubilee Attorneys to discuss your divorce matter with us.
