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Family Law Attorneys Pretoria

Family Law Practice

Divorce Attorneys Pretoria

Divorce Attorneys Pretoria

Divorce Attorney in Pretoria

Sulandi du Plessis Attorneys are specialist divorce attorneys in Pretoria.  We have years of experience giving legal advice and representing our clients and we thrive on serving our clients the best way possible.

Getting a divorce is never easy. It involves a tremendous amount of emotion and hardship for both parties involved. A divorce settlement that is not carefully drafted by a professional may cause problems in the future. Should a dispute arise after your divorce and you don’t have a properly drafted settlement agreement, you will have to incur further legal costs.  It is very important to have a professional divorce attorney to look after your bests interests.

When you decide to take this big step be sure that the relationship between you and your spouse has reached such a state of disintegration that there is no reasonable prospect of the restoration of a normal marriage relationship.

According to the Divorce Act 70 of 1979 a marriage may be dissolved by a court on the following grounds:

  • the irretrievable breakdown of the marriage; or
  • the mental illness, or the continuous unconsciousness, of a party to the marriage.

UNCONTESTED DIVORCE:

When the parties has agreed to the terms of the separation and reached a settlement before going to court or the Defended is not defending the action, the procedure can be finalised within 3-4 weeks.

When financial problems are blooming, this is the best and cost effective option to finalize the matter.In this instance you and your partner can see the same attorney at the same time. The attorney will explain how the procedure works and will draw up an settlement agreement.

The Defendant then signs the Summons  and give his /her written notice in terms of Rule 22(5)(c) of The Magistrates’ Courts Act 32 of 1944 that he/she is not intending to defend the action.

The divorce attorney can then directly approach the court to obtain a court date and don’t need to wait for the dies (ten (10) business days) to lapse.

At the day of the hearing, only one person will have to appear at court. The settlement will be made an order of court and the court will grant a decree of divorce.

 


DIVORCE BY DEFAULT

  1. Summons was issued and served on the Defendant;
  2. Defendant has failed to enter an appearance to defend.

As stipulated in the summons the defendant has ten (10) days to file his/her Notice of Intention to Defend.

If the defendant lives outside the jurisdiction of the court he/she has twenty (20) days to file a Notice of Intention to Defend.

Should the defendant failed or elected not to enter an appearance to defend the plaintiff may approach the court to enroll the matter on the court roll and setting out the defendant’s default.

In this instance the plaintiff will appear in court on the day of the hearing.


CONTESTED DIVORCE

When you and your spouse are unable to come to an agreement regarding the terms of the separation or can’t reach a settlement on the division of the estate then the court will decide how to dissolve the estate.

The stages of a contested divorce:-

  1. Summons;
  2. Notice of Intention to Defend;
  3. Pleadings;
  4. Application for Trial date;
  5. Discovery of documents;
  6. Pre-trial conference;
  7. Trial;
  8. Judgment.

 

A contested divorce may take anything from 1-3 years to finalise and may leave you with very high legal costs to settle.

Get in touch with expert Pretoria divorce attorneys today.

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