AFFORDABLE DIVORCE LAWYERS
WHAT IS DIVORCE?
Divorce or dissolution of marriage, is the process of terminating a marriage. It requires the termination of the legal duties and responsibilities of the marriage. Divorce involves the division of property, child custody and visitation rights, child maintenance, spousal maintenance, etc.
Once you have decided that you require a divorce, you will be able to obtain a divorce on the grounds of irretrievable breakdown of the marriage relationship. The court will determine whether the marriage has irretrievably broken down based on the evidence presented during the hearing. You will need an attorney experienced in divorce and family law in South Africa. Burger Huyser Attorneys is one of the leading and most affordable divorce lawyers in Johannesburg who will be able to guide you in the unfortunate event of your divorce.
WHAT ARE THE LEGAL GROUNDS FOR DIVORCE IN SOUTH AFRICA?
There are several grounds for the irretrievable breakdown of a marriage relationship that a court may grant a decree of Divorce. These grounds include, but are not limited to:
- Adultery;
- Physical or verbal abuse;
- Lack of love, affection, and/or communication between parties;
- The parties are incompatible and have different interests
- The parties have grown apart from each other to the extent that they lead independent and separate lives to the exclusion of each other;
- If a spouse is declared a habitual criminal and is in prison;
- If a spouse is mentally ill;
- If a spouse is continuously comatose/unconscious.
TYPES OF DIVORCE IN SOUTH AFRICA
Uncontested or Unopposed Divorce
If the relationship between you and your spouse is amicable and you have already decided on the terms of your settlement agreement, the process of an uncontested divorce is a lot faster and simpler than in the case of an opposed divorce.
One of our attorneys specialising in Family Law will draft the settlement agreement to ensure that it is in terms of the Divorce Act and the court’s requirements. If there are minor children born from the marriage, the settlement agreement needs to be endorsed by the offices of the Family Advocate to determine the best interest of the minor children.
Contested or Opposed Divorce
Should the parties be unable or unwilling to reach a settlement agreement, the divorce will proceed on an opposed/contested basis. Each party required an attorney.
The important aspect when deciding to divorce is the fact that you must feel comfortable with the attorney you decide on. You must trust, respect, and be aware of the experience the chosen attorney has to take your case to trial in a contested divorce.
INSIST ON TOP LEGAL REPRESENTATION FROM AFFORDABLEÂ DIVORCE LAWYERS THAT GETS RESULTS
After deciding on a divorce, you have the right to be represented by the best divorce attorneys in Johannesburg. It is advisable to not stay in a relationship when you are unhappy, especially after doing everything possible but to no avail. Do not stay in a relationship for the sake of your children. You might do more damage to the children than if you were divorced.
Frequently Asked Questions
The cheapest you can get a divorce in South Africa is typically around R2,500 to R5,000, especially if you handle the process yourself or use a low-cost legal service for an uncontested divorce.
To get a cheap divorce in South Africa, consider filing for an uncontested divorce where both parties agree on the terms. You can also use online legal services or consult with a legal aid organisation to reduce costs.
Yes, you can divorce without going to court in South Africa if it is an uncontested divorce and both parties agree on all terms. The necessary documents can be filed with the court, and a judge may grant the divorce without a court appearance.
In a divorce in South Africa, a wife can claim a share of marital assets, which may include property, savings, and investments. She may also be entitled to spousal maintenance and, if applicable, child support.
The documents needed for a divorce in South Africa typically include:
- Â A summons or divorce application.
- A marriage certificate.
- Proof of identity (e.g., ID book or passport).
- Proof of residence.
- Settlement agreements or affidavits, if applicable.
- Proof of service of divorce papers to the other spouse.
NEED TO CONSULT WITH TOP DIVORCE LAWYERS IN JOHANNESBURG? CONTACT OUR DIVORCE ATTORNEYS TODAY.
Choose Burger Huyser Attorneys as we have gained vast experience in dealing with divorce over the years. We pride ourselves on delivering a discreet and confidential service, whilst ensuring you obtain the best possible outcome for your welfare and future.
For your convenience, our service offering also includes Divorce Lawyers In Randburg, Divorce Lawyers In Sandton, Divorce Lawyers In Roodepoort, Divorce Lawyers In Bedfordview & Divorce Lawyers In Lynnwood Pretoria.
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