What is the cost of a divorce matter?
The cost depends on the fee-agreement reached between you and your attorney and the time the matter takes, the amount of phone calls made and received etc.
How long does a divorce matter take?
This all depends on if it is unopposed or opposed divorce. An unopposed divorce can take anything between 3 to 6 months to be set down on the court roll. An opposed divorce can take an unlimited time to finalise. To give an idea, an opposed divorce can take anything between 12 to 18 months to set down for trial.
May any of the parties remove the children from the other parent’s care?
In accordance with the Children’s Act both parents retain full rights and responsibilities towards the minor children, until such time as the High Court (being the upper guardian of all minor children) decides otherwise. A primary care-giver will be appointed by the court but both parties will retain their full rights and responsibilities towards the minor children.
Can I claim maintenance for myself?
It depends on the facts of each individual matter: In matters where the parties were married in community of property, where the wife did not work (but took care of the children) the wife will be able to claim rehabilitative maintenance. This means maintenance for the purpose of getting back on your feet. If, at the time of the divorce, same is not claimed, it can never be claimed again.
Do I have a claim on my spouse’s pension?
Parties married in community of property has a claim against each-other’s pension funds.
Do we have to sell our house (assets)?
No. This will depend on each and every individual matter’s circumstance.
Maintenance for children
Maintenance of children needs to be assessed on the basis of maintenance dependency and the ability of the parents to pay maintenance. Maintenance is not only calculated on a 50/50 basis.
School fees
Both parents, not matter what the settlement agreement between the parties entail, will always be liable for payment of school fees. The party which, according the settlement, is responsible for payment of the school fees, will be able to issue summons against the other party to get payment of the paid amount.
What should I do if I feel my children are in danger?
Apply for a protection order;
Inform the Family Advocate.
Can I claim payment of Medical Aid for myself and my children?
This depends on each matter. Ask your attorney for advice in this regard.
What happens if me and my partner do not reach an agreement on settlement?
The matter will unfortunately proceed to trial on an opposed basis and will be very time-consuming.