Do we need to attend your offices to proceed with an uncontested Divorce?
It is not necessary that you attend our offices, and we can prepare all the necessary documents remotely and make use of a virtual consultation if necessary. The plaintiff will however need to attend the court on the day that the matter is heard, at the court within the jurisdiction where you reside.
Can one attorney represent both me and my spouse?
Yes, however you will have already needed to agree on all the aspects of the divorce, and the attorney will fulfill an administrative function and finalize the divorce. If the aspects are not agreed upon and are being contested, then each party will need to obtain independent legal advice.
How Long does an uncontested divorce take?
Once the Settlement Agreement is signed the divorce usually takes about 6 - 8 weeks to finalize. It can take a little longer depending on the Family Advocate, the Court and other key role players.
What questions will I be asked in the court?
- Your name and your spouse's name;
- Your address;
- If you confirm you are married to your spouse;
- If you confirm how you are married - In or Out of Community of Property;
- If married with an Ante Nuptial Contract, you will be ask confirm and identify your ANC;
- You will be asked to identify your marriage certificate;
- You will be asked if you have any children and what their ages are;
- You will need to briefly state the reasons your marriage has broken down irretrievably and confirm that the marriage cannot be restored;
- You will need to confirm that the Settlement Agreement is the agreement you and your spouse signed.
Under what circumstance may a divorce be granted by a court?
The parties will need to show that their marriage has broken down irretrievable and that there is no reasonable possibility of restoring the marriage relationship.
What aspects need to be agreed upon for an amicable divorce?
The parties to an amicable divorce will need to agree to agree to various aspects mainly:
- Division of the estate assets and liabilities;
- Parental rights and responsibilities;
- Primary residence of the minor children;
- Maintenance to be paid.
