DIVORCE PROCEDURE IN COMMUNITY OF PROPERTY IN SOUTH AFRICA
What Is The Divorce Procedure In the Community Of Property In South Africa?
As marriages sometimes come to an end, the procedures can be complex, especially regarding asset division and child custody. For couples without prenuptial agreements, understanding the divorce process becomes crucial.
In South Africa, divorcing under the community of property framework follows a standard protocol akin to other marital arrangements. It typically involves an equitable split of assets and liabilities, alongside decisions on child custody matters. Should spouses fail to reach an agreement, a liquidator may be appointed to manage the asset division.
WHAT DOES IT MEAN TO BE MARRIED IN A COMMUNITY OF PROPERTY?
It’s vitally important to grasp the fundamentals of being married under community property laws. This understanding lays a foundation for navigating both contested and uncontested divorces efficiently.
Being married in a community of property entails the pooling of assets and debts into a joint estate. Exceptions exist, such as assets excluded through a deed of donation or inheritance specified not to be part of the joint estate. Upon divorce, assets and liabilities are generally divided equally between spouses.
Under the Divorce Act 70 of 1979 in South Africa, divorcing parties must establish grounds for divorce, such as irretrievable breakdown or a spouse’s prolonged incapacitation. Legal counsel is advisable, particularly for cases involving significant assets or child custody disputes.
Documentation required for the community of property divorces includes the summons, particulars of claims, arrangements regarding children, recent reports of minors, and a deed of settlement, all submitted to the relevant court.
TYPES OF DIVORCE FOR IN COMMUNITY OF PROPERTY 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.
Uncontested divorces follow a straightforward process where the plaintiff submits necessary documents to the sheriff for service to the defendant. A court date is then requested, typically attended by the plaintiff, with the judge granting divorce based on presented information.
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.
Contested divorces entail a more intricate process, with defendants contesting by filing a notice of intention to defend. Pleas and counterclaims follow, leading to a pre-trial to resolve issues before a trial date is set. It’s advisable to aim for resolution during the pre-trial to streamline proceedings.
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 DIVORCE ATTORNEYS THAT GETS RESULTS
After deciding on a divorce you have the right to be represented by the best divorce attorneys in Johannesburg. Understanding the divorce procedure under community of property laws will empower you to navigate the process effectively, whether through uncontested or contested means. It is advisable to not stay in a relationship when you are unhappy and 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.
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 in community of property divorce matters 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 Alberton, Divorce Lawyers In Randburg, Divorce Lawyers In Sandton, Divorce Lawyers In Roodepoort, Divorce Lawyers In Bedfordview, Divorce Lawyers In Centurion & Divorce Lawyers In Lynnwood Pretoria.
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