Logo
Divorce

Divorce

Divorce in South Africa

Unopposed Divorce

Only when both Spouses are in absolute agreement, not only about getting divorced but also all the other details that will be affected by the divorce, can one say with complete confidence that it is an Unopposed Divorce.

The Rest of Your Life

A divorce will affect the rest of your lives and cause decisions to be made about the futures of your children – and yourselves:

                    Who gets Primary Residence (Custody) of the children

                    Who has Contact (Access)

                    Who pays how much maintenance for the children and for how long

                    A parenting plan – who has the children when and on which days and holidays, etc

                    Who receives what of the division of assets – if that’s appropriate.                    

An Economical Way

Unopposed Divorces are charged at the rate of R10 000.00 including VAT. Our services include:

  • Initial consultation;
  • Drafting of Summons and Particulars of Claim;
  • Drafting of Settlement Agreement if applicable. (Once off consultation, limited to two hours);
  • Messenger fees (opening a court file, dropping off the summons at the sheriff, collecting the Return of Service, delivering the documentsto and from the Family Advocate, obtaining a court date etc)
  • Sheriffs’  fees (per service, on one occasion);
  • Endorsement by the Family Advocate ( where applicable)
  • First appearance fee.

Anything extra will be charged for, e.g. should the Sheriff need to go to the Defendant’s address twice, the extra cost will be for the Client’s account.  The Parties must co-operate fully with regards to the matter, including the settlement agreement, if applicable.  Should the drafting of the settlement agreement take more than two hours to draft/prepare or should there be issues that needs to be resolved, our normal tariffs will be applicable. Unopposed Divorce includes: initial consult, drafting of Court papers, Family Advocate liaison and Court appearance. We offer this service in our Jurisdiction only.

Should you choose us to represent you in this period, but struggle to afford the full amount (R10 000.00), we are prepared to accept this amount in two payments of R5000.00: one to be paid before the first consult, and the second to be paid soonest thereafter, but certainly two weeks prior to the divorce date.

The divorce must proceed within the first three months of the first consult. In the event that the Parties change their minds about divorcing, the amount of R10 000.00 paid will be non-refundable. However, if the divorce becomes opposed in any way or form, our Firm’s standard tariffs will apply, and a further deposit – amount to be determined at the discretion of the Attorney - will be requested to be paid by the Client before proceeding any further.

Hidden Assets

If one of the Spouses has been dishonest by not revealing all their assets - maybe there is another bank account, or a large bonus, perhaps a pension, other funds, or property that was concealed - the divorce might have continued and been granted because you felt it would cost too much money and time to trace the evidence and prove the hidden assets. Sadly, having a quick and cheap divorce and not spending money on tracing such evidence will cost you more in the future when you don’t have the benefit of your share of these hidden assets.

Divorce Will Happen

If one Spouse wants a divorce, then it will happen. The Law doesn’t insist on two people remaining in a marriage if one of them wants to be released from the union. So usually, a divorce will be granted – regardless of the other Spouse’s reluctance, denial or delaying tactics. That’s why it makes so much sense to turn to Specialist Divorce and Family Law Attorneys to handle all the details for you.

If you are facing divorce then call us for a consultation: we will listen to you about your situation and explain your legal options.

Take the next step to resolving your Unnoposed Divorce issue by booking a Consultation via www.martinvermaak.com and we will be in touch.