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divorce

Divorce is traumatic and stressful. Not only for the divorcing spouses, but also for their children, parents and other family members. According to the Holmes and Rahe Stress Scale, divorce ranks number 2 on the top 10 list of most stressful life events for adults. Divorce proceedings can also be drawn-out and very expensive, which exacerbates its negative effects.

Our aim as divorce lawyers is to safely guide you through the divorce process, to protect your rights and the rights of your children, to reduce stress and trauma, and to quickly achieve a favorable outcome which is fair and reasonable, while keeping costs in check.

Whether you are the party who wishes to institute divorce proceedings, or the other party we, as divorce attorneys offer advice and assistance in the divorce proceedings. Our divorce lawyers help couples who have jointly decided to file for divorce to work out any differences they may still have. It is possible to do this with the aim of concluding a divorce settlement agreement that can be made an order of court. This is a quick and inexpensive way to finalize a divorce.

Still uncertain whether or not to file for divorce or afraid of what it will entail? You are welcome to contact us and speak to our divorce Lawyers for a confidential consultation. We can then explain the process, consequences, possible outcomes and costs and answer any other questions you may have.



Our divorce attorneys charge a reduced first consultation fee to encourage people to obtain proper legal advice, before making any missteps.

Our divorce services include: -
Undefended and defended divorces in the Regional Court and the High Court.
International divorces.
Amendment of existing divorce orders.
Applications in the High Court for interim maintenance, custody and access to children and cost contributions in divorce proceedings.
We practice as divorce lawyers/divorce attorneys in Cape Town, Bellville, Durbanville and surrounding areas.
FREQUENTLY ASKED QUESTIONS
What are the grounds for divorce?
Before the Divorce Act 70 of 1979 came into force there were four grounds for divorce - adultery, malicious desertion, incurable mental illness lasting at least seven years and imprisonment for at least five years after being declared a habitual criminal.

On 1 July 1979 the Divorce Act came into operation and provided three no-fault grounds of divorce – the irretrievable breakdown of a marriage, mental illness or the continuous unconsciousness of a party to a marriage.
What constitutes irretrievable breakdown of a marriage?
The court will grant a decree of divorce if it is satisfied that the marriage relationship has irretrievably broken down and there is no reasonable prospect of restoration of a normal marriage relationship between the parties. In general the court will accept a party’s evidence in this regard and not likely refuse a divorce on this ground.
Can we come to an agreement regarding the consequences of our divorce?
Yes, spouses can agree on all or some of the consequences of their divorce, irrespective of their marriage regime. Spouses can agree on division of assets and liabilities, maintenance, parental responsibilities and rights and payment of costs of the proceedings in a settlement agreement.
How long does an undefended divorce take?
When two spouses are in agreement regarding the consequences of their divorce, a divorce can be finalized in less than a month.
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