Divorce
Divorce
In South Africa, you can get divorced in either the Regional Court of the Magistrate Court having jurisdiction in your area or in the High Court. It can be a relatively simple process, but – by nature – it can be very emotionally wrought and therefore complicated and painful. This is why it is best to have an attorney acting on your behalf.
A divorce where the parties reach a settlement early, is the easiest and most cost effective for all parties concerned. These can be finalised within a few months, COVID permitting. However, if a divorce is contested it may take up to a few years.
The process starts with the serving of a summons. A divorce summons must be carefully drafted, preserving and detailing the rights you wish to have. In addition the summons must be served personally on the defendant by the sheriff of court. It is from the outset of this seemingly simple task that you would rather have a lawyer in your corner than try to navigate your way through the process alone. Divorce procedures can be challenging for a lay person.
What Happens When The Divorce Is Defended?
- Summons,
- Exchange of pleadings (each party presents their side)
- Discovery (each party produces documents requested by the other),
- Application for a trial date,
- Pre-trial conference (to narrow down the disputed issues),
- Trial, and
- Judgment.
How do we reach a Settlement and what is a Parenting Plan?
At any stage in the divorce the parties may reach a settlement of the issues. A parenting plan is part of the divorce papers in which the parties agree about all the issues around their children, in detail. This includes times for contact and ways of communicating. A settlement agreement usually deals with the issues around the division of assets and debts as well as maintenance of the children and possibly the spouse. Reaching a settlement on both of these sets of issues can be done by mediation or by negotiation between the attorneys concerned.