People going through divorces have many questions. Some we can expect, and others are very surprising. Read on to learn more about divorces and the questions people ask.

How much does a divorce cost in South Africa?

The cost of a divorce varies from case to case and client to client. If a divorce is undefended or agreed upon,  then the cost would be significantly low.  However,  should the divorce be contested where the parties cannot agree on the terms of the divorce,  then, under those circumstances, the ultimate cost can be very high. Factors to consider would be how many issues there are to be resolved, the number of court days required, and preparation time. In the end,  the more time that is spent on a divorce matter by lawyers, the more it would cost the client.

Where can I get free legal advice on divorce in South Africa?

There are many places where a person may obtain legal advice on divorces in South Africa.  Some places offer free initial consultations.  Then there are places like the Legal Aid Board or a Legal Resources Centre that would be of assistance at no charge or a minimal fee.  There are also non-governmental organisations and University law clinics that would advise you on a divorce matter at no charge.

What’s the cheapest divorce cost?

There is no need to make use of the services of a lawyer to attend to your divorce.  A person is allowed to attend to his or her divorce in South Africa on his or her own.  The only cost one may incur is Sheriff fees. On the other hand,  there are businesses that  charge a very low fee that would assist you in finalising your divorce. This fee may only relate to the drafting of the court documentation.

Who is the best divorce lawyer in South Africa?

It would be hard to say who is the best divorce lawyer in South Africa. As lawyers’ practice in various cities and provinces,  it may be best to find out which law firms specialise in divorce matters in your area and therefore be able to provide you with quality and reliable legal services. As each legal matter and client is different,  so too would the experiences of lawyers differ. At the end of the day, you would seek a legal representative that has the necessary expertise and knowledge on family law and able to assist you with your legal problem. If the legal practitioner has the time and the willingness to assist you in getting what you are entitled to,  then in our view such a lawyer would be the best lawyer for you under the circumstances.

What are the four main stages of a divorce?

• Drafting of the summons and having it issued and served;
• Filing a plea with or without a counterclaim;
• Preparation for the court hearing; and
• Trial.

Who pays for a divorce?

The parties usually pay for their own divorce.  The majority of the cost goes to the lawyer. However, the court can order that one party pays for the other party’s costs after the divorce is finalised.

How can I pay my lawyer with no money?

If you do not have money to pay a lawyer for his or her legal services upfront,  you may find out from the lawyer whether or not you may enter into a payment arrangement. The payment arrangement could mean that you pay the lawyer a small portion of the fees at the end of each month. If there is money that you would receive at the end of the divorce,  for example,  due to a pension payout,  then under the circumstances,  the lawyer may agree to be paid later.  If you cannot afford to pay for legal services at all, it is suggested that you still approach the divorce court and ask them to assist you with your divorce or Direct you to a place that would be able to assist you pro bono.

Who can I talk to for free divorce legal advice?

There are many places you can go to for advice on divorce matters. For the first point of call, we suggest the Legal Aid Board,  or a  Law Clinic or a Legal Resources Centre.  You may also want to go online and search for places that provide free legal advice on divorces in South Africa.

How can I talk to a divorce lawyer for free?

If you wish to consult with a lawyer who is a specialist in divorces, you may find one online that would not charge you for the initial consultation. Generally, the initial free consultation would be very short and used to ascertain whether or not the divorce lawyer would be of any assistance to you.  Should you then proceed to make use of the services of a divorce lawyer, a fee would be applicable?

How do you get a divorce if you have no money?

If you do not have any money it would be hard to obtain the services of a divorce lawyer at no fee.  Some divorce lawyers may assist you in providing some legal advice.  However, if you want a lawyer to take your matter further, you may have to consider organisations like the Legal  Aid Board,  Legal Resources Centre,  or a  law clinic.  You may also want to consider searching online for law firms that do pro bono work.

How many years do you have to be separated to be legally divorced in South Africa?

To be legally divorced from your spouse in South Africa, you require a decree of divorce given by a judge or magistrate at the court.  If you are separated from your spouse for any number of years, you still remain married to him or her.  Other than legally divorcing someone, the marriage is also terminated should one of the spouses pass away.

How long does a divorce take on average?

If you and your spouse agree on the terms of your divorce, the divorce can be finalised in a matter of weeks.  However, if the divorce is contested and there are a range of issues in dispute,  the divorce can take many months or even years to finalise.

How do I divorce my wife without losing everything?

What does a person leave with at the end of a divorce would depend upon the matrimonial property regime he or she entered into when getting married.  If the couple was married in community of property,  then at the divorce they would share equally in the division of the joint estate.  If the couple were married out of community of property with the inclusion of the accrual regime,  then in such a case they would share in half the difference of the accrual of their respective Estates. Therefore, should a couple decide to divorce they should spend as little money as possible on fighting over aspects of their marriage which the law already dealt with.  For example, how assets should be divided at the dissolution of the marriage.  It would be a total waste of time to argue over the property if at the end of the day the property would have to be sold and divided equally between the parties.

Are there advantages to filing for divorce first?

There could be certain strategic advantages in filing for divorce first. However, it would depend on the specific circumstances of the case.  Usually, the party that initiates the divorce proceedings would be the one who would be responsible for finalising the divorce process. The same party who initiated divorce proceedings may spend a bit more in legal fees in finalising the divorce.  However, on the whole, when the matter finally gets heard in court the party who initiated divorce proceedings will not be in a better position than the party defending it.

What happens if I lose my job and can’t pay alimony?

If you lost your job and unable to pay alimony you should approach the court to have the maintenance order reduced or set aside. The court would, however, look at various factors, these include your ability to obtain an income and also your assets.

How long can a couple be separated?

Does it matter who files for divorce first in South Africa?

Is adultery illegal in South Africa?

What a woman should ask for in a divorce settlement?

What if my husband filed for divorce first?

What can you not do when getting a divorce?

What is the wife entitled to in a divorce in South Africa?

Is spousal maintenance mandatory in South Africa?

Can you date while separated in South Africa?

Do I get half of my husband’s pension in a divorce?

How do I divorce my wife and keep everything?

What are the rights of a woman after a divorce?

Who gets the house in divorce South Africa?

Is South Africa a mother or father state when it comes to child custody?

Can a wife take everything in a divorce?

How do I protect myself financially from my spouse before getting married?

How can I hide money from my husband?

Can you kick your spouse out of the house in South Africa?

Who qualifies for alimony in South Africa?

Does adultery affect divorce in South Africa?

Is a sexless marriage normal?

How do husbands hide money before divorce?

How can you prove someone is hiding their income?

Why would a man stay in a sexless marriage?

How do you stay faithful in a sexless marriage?

Can a marriage survive without intimacy?

Is once a month a sexless marriage?

What age does a man stop being sexually active?

How do you fix a sexless marriage?

How can I save my wife’s house?

What if my wife doesn’t want a divorce?

What are my rights in a divorce?

How is spousal support calculated in South Africa?

How is debt divided in a divorce in South Africa?

Who pays attorney fees in divorce in South Africa?

What is considered an unfit parent in South Africa?

What is considered legally separated in South Africa?

Can you go to jail if you don’t pay alimony?

Is not paying alimony a crime?

How do you know if a divorce is final?

How much does the average divorce lawyer cost?

What happens when a divorce is filed?

How do I leave my husband without a divorce?

How do you bounce back financially after a divorce?

Should I file for divorce or let him?

Children’s Act. Parental Responsibilities and Rights Care and Contact

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