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Posted on 11 February 2025 by Telelaw

Our Lawyer Legal Service in South Africa

Our Lawyer (Pty) Ltd provides legal advice and service on a range of legal matters and topics. Feel free to contact us to assist you with your legal issues.

Advice on legal aspects of Marriage and Divorce

Negotiations Legal Services and Advice Cape Town South Africa

Advocate Legal Services and Advice Cape Town South Africa

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Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court

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Fast and Simple Divorce: Best Way How to Achieve a Quick and Professional Separation

Navigating the divorce process can often be complex, as a divorce order involves more than simply ending the marital relationship. In cases where the couple is married in Community of Property, the divorce order also necessitates the equitable division of joint assets, which can range from pension funds, bank accounts to real estate and personal possessions. This aspect alone can become quite intricate, requiring careful consideration of each party’s contributions and entitlements.

Issues involved in a divorce

Moreover, if minor children are part of the equation, the divorce order must comprehensively address several important issues. These issues include guardianship, and decision-making authority, as well as custody arrangements that outline where the children will reside. Additionally, visitation rights need to be established to define how and when the non-custodial parent can spend time with the children. Finally, child maintenance must be determined to ensure that both parents contribute fairly to the children’s upbringing, covering expenses such as schooling, healthcare, and daily living costs. In some cases, spousal maintenance or alimony may also be applicable, depending on the financial circumstances of both parties.

Getting divorced is not straightforward

Given these various considerations, getting divorced is not a straightforward task and requires diligent planning and foresight. Rushing into a divorce without thorough examination of the implications can lead to regrettable outcomes, such as forfeiting valuable assets or failing to secure adequate financial support for oneself or one’s children. It is particularly concerning if a party agrees to unfavorable terms regarding contact rights with their children or maintenance for their shared expenses, all in the pursuit of a quick resolution.

Best Way to Get Divorced Quickly

If you and your spouse are seeking to finalize your divorce as quickly as possible, one of the most effective strategies is to approach a divorce attorney or advocate together. It is essential that both parties participate in the initial meeting with the lawyer to ensure transparency and open communication. Meeting separately or having one spouse relayed information later can lead to misunderstandings and may hinder the process.

Schedule a Joint Consultation

During this joint consultation, both parties have the opportunity to ask questions and present all relevant information regarding the financial aspects of the marriage, including assets, debts, and income, as well as details concerning any minor children. This collaborative approach allows the attorney or advocate to ask pointed questions, gather necessary information from both spouses simultaneously, and clarify any potential issues right away.

Drafting the neccessary Court documents

Once the attorney or advocate has collected all pertinent information and clearly explained the divorce process and its implications, they can swiftly proceed to draft the necessary court documents. This includes preparing the divorce summons and any other required forms to initiate the legal proceedings. The attorney or advocate will then file these documents with the court and arrange for them to be served to the other spouse. Following this, they will apply for a court date to finalize the divorce.

It is best to be proactive

By taking this proactive and collaborative approach, couples can significantly streamline the divorce process, reducing stress and ensuring that all legal requirements are met efficiently and professionally. If you wish to consult with us on your divorce, please complete the form below.

Parenting plan in terms of the Children’s Act

A parenting plan becomes relevant when parents cannot reach an agreement on how they should be splitting their responsibilities towards their child/children. However, the High Court prefers having parents trying to establish a common ground first through mediation services or mutual understanding before resorting to the court. The aim of mediation is to try and settle a dispute out of court and help the two parties establish an understanding regarding their children. In terms of the Children’s Act; it is aimed at preserving the child’s best interests and not that of the parent’s. It therefore encourages parents to fulfill their duties and responsibilities towards their children even after divorce. For more on professional legal drafting on parenting plans, call our law offices for an online appointment for a professional legal consultation today.

How to draft a parenting plan

Drafting a parenting plan will sometimes need the guidance and expertise of a professional family legal expert, especially when the dynamics of the matter can become complex. For more on how to go about parenting plans, click on the link below:

Parenting plans and the law: draft, agree and register your plan
Parenting plans: Questions and Answers
The law regarding the Children’s Act

Should you wish to consult with a family legal expert one on one, feel free to call our offices on 021 424 3487 for an online appointment today.

The Family Advocate parenting plan

First of all, the function of the Family Advocate is to help parents reach a mutual agreement about their shared duties and responsibilities towards the child. If an agreement cannot be reached, a recommendation to the court will be made and matters will be taken further. The Family Advocate also deals with matters of divorce, child custody, visitation arrangements etc. The court however, will be last resort. For more on divorce, child custody, child maintenance, parenting plans, call our law offices today and have our friendly receptionist make an online appointment for you. Are you residing out of Cape Town? Call our national number on 087 701 1124 today. Connect with us!

Our Lawyer Legal Service in South Africa

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