OUR SPECIALITY

DIVORCE LAW

Divorce is a situation that most people never expect to face and it can often come as a shock and surprise. Divorce is surrounded by many laws and regulations, which can be difficult to decipher if you have no background knowledge in the field, you need a divorce lawyer.

DIVORCE LAW

What We Can Do For You

If you are currently out of your depth in a looming or ongoing divorce or family law dispute, you may benefit from the help of a specialised family law attorney to assist in upholding your rights.

RULE 43

Maintenance Applications

Rule 43 is widely used in divorce law. It applies to situations where one spouse is financially disadvantaged and requires maintenance during the divorce proceedings, or where interim care or contact arrangements are required to serve the best interests of a minor child. Rule 43 tackles many of the issues that will be dealt with in the final divorce but aims to provide an interim solution. Certain divorces can take time to finalize, so it is imperative to reach an effective interim agreement. This law may apply to one or  more of the following situations:

Interim contribution towards the expenditures of the divorce

Enforcing payments such as a bond on the matrimonial home, vehicles, school fees and medical aid premiums among others.

Maintenance for the wife and/or children

COST

Contributions

Monetary contribution towards legal fees

Both parties have the right to equality before the law. Costs can be very a daunting aspect of any divorce. There are Laws in place that ensure that a spouse who does not receive an income, is awarded a monetary contribution to use towards legal fees so that they have a fair chance to bring their case.

The court is bound by section 9(1) of the Constitution, Act 108 of 1996, to ensure both parties have the right to equality before the law and equal protection by the Law.

Costs can be very a daunting aspect of any divorce. But there are laws in place that ensure that a spouse who does not receive an income gets a monetary contribution to go towards legal fees so that they have a fair chance to defend their case.

The court is bound by section 9(1) of the Constitution, Act 108 of 1996, to ensure both parties have the right to equality before the law and equal protection of the law.

Costs can be very a daunting aspect of any divorce. But there are laws in place that ensure that a spouse who does not receive an income gets a monetary contribution to go towards legal fees so that they have a fair chance to defend their case.

The court is bound by section 9(1) of the Constitution, Act 108 of 1996, to ensure both parties have the right to equality before the law and equal protection of the law.

Monetary contribution towards legal fees

Both parties have the right to equality before the law. Costs can be very a daunting aspect of any divorce. There are Laws in place that ensure that a spouse who does not receive an income, is awarded a monetary contribution to use towards legal fees so that they have a fair chance to bring their case.

The court is bound by section 9(1) of the Constitution, Act 108 of 1996, to ensure both parties have the right to equality before the law and equal protection by the Law.

Divorces

Defended and Undefended

Defended divorces occur when one of the spouses refuse to acknowledge the disintegration of the marriage or refuses to accept the grounds on which the divorce is to be granted. A defended divorce may involves conflict, and finalization may be drawn out.

Undefended divorce involve both spouses acknowledging that the marriage has broken down and agreeing on the terms and conditions of the divorce to be granted. Undefended divorces are usually less complicated and less costly.

Defended Divorces: the refusal of acknowledging the disintegration of the marriage and the grounds on which the divorce is to be granted.

Undefended Divorces: both parties acknowledge that the marriage has broken down and agree on the terms and conditions of the divorce to be granted.

Dissolution of

Universal Partnerships

Universal partnerships may apply to unmarried parents of children or to partners in a long-term relationship.

When assets are acquired during the relationship: If a couple is in a co-habituating situation but are not legally married, at the termination of the relationship, each partner usually walks away with the only the assets that they bought themselves. However, if it can be proven that the relationship was a universal partnership certain exceptions do apply.

Universal partnerships exist when parties jointly contributed towards building up the value of the partnership during the relationship. Universal partnerships often apply to unmarried parents of children and to partners in a long term relationship. In these cases, assets are split up equally and fairly.

If a couple is in a co-habituating situation but are not legally married, at the termination of the relationship, each partner usually walks away with the only the assets that they bought themselves. However, if it can be proven that the relationship was a universal partnership certain exceptions do apply.

Universal partnerships occur when assets were acquired during the relationship and parties jointly bought assets. Universal partnerships often apply to unmarried parents of children. In these cases, assets are split up equally and fairly.

If a couple is in a co-habituating situation but are not legally married, at the termination of the relationship, each partner usually walks away with the only the assets that they bought themselves. However, if it can be proven that the relationship was a universal partnership certain exceptions do apply.

Universal partnerships occur when assets were acquired during the relationship and parties jointly bought assets. Universal partnerships often apply to unmarried parents of children. In these cases, assets are split up equally and fairly.

Universal partnerships may apply to unmarried parents of children or to partners in a long-term relationship.

When assets are acquired during the relationship: If a couple is in a co-habituating situation but are not legally married, at the termination of the relationship, each partner usually walks away with the only the assets that they bought themselves. However, if it can be proven that the relationship was a universal partnership certain exceptions do apply.

Universal partnerships exist when parties jointly contributed towards building up the value of the partnership during the relationship. Universal partnerships often apply to unmarried parents of children and to partners in a long term relationship. In these cases, assets are split up equally and fairly.

OUR SPECIALITY

How We Can Help You

If you can relate to any of the above scenarios but do not know how to proceed in your matter, don’t hesitate in getting hold of one of our friendly team members today.

ENTRUST YOUR DISPUTE TO US

YOU HAVE THE RIGHT TO BE HEARD. Set up a meeting now.

After filling for divorce and leaving my husband I was devastated when my ex-took my five-year-old daughter without my consent and ran away with her. I put my matter into the hands of Karen Oliver. She gave me excellent advice and her staff were sympathetic and persistent at drafting documents and following up with me. Eventually, I came out I the win I guide with my daughter in my primary care as the biggest prize of all. So grateful to Karen and her stellar team for getting me back my baby.

Drea Densham