Divorce Lawyers

Our divorce lawyers are mindful and sensitive to the fact that such a client should not be burdened with legal uncertainty and excessive legal fees. We understand that any divorce is a stressful and emotional event and we aim to assist our clients as swiftly and efficiently as possible.

Our team of family law attorneys and divorce lawyers will provide you with legal advice and assistance throughout the proceedings, whether during a contested or uncontested divorce. We follow a collaborative approach which ensures that our clients not only benefit from the knowledge of attorneys specialising in divorce proceedings but also from that of attorneys in our other departments including estate planning and tax.

The team (consisting of Directors, Associate Attorneys, Candidate Attorneys and Paralegals) have therefore designed an efficient approach to divorces wherein we can finalise your divorce as smartly and swiftly as possible.

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The Divorce Process

Contact us

Once you’ve contacted us, we’ll request you to provide us with certain information and documentation. We’ll schedule a consultation with you to tell you of your rights and the options available to you — even if it doesn’t entail a divorce.

Consultation

During the consultation, we’ll ensure that we get any other information and documentation requiredWe’ll analyse and discuss this information with you and will also explain the process of a contested and uncontested divorce. This includes the timeframes applicable and the different payment plans to suit your situation.

After the consultation

We’ll draft the required court documents to ensure that we meet all prescribed timelines. During this process, we’ll ensure that you’re kept up to date with all developments of your contested or uncontested divorce.

We assist our clients with any divorce process, whether contested or uncontested. In general, we strive to assist our clients in a non-confrontational manner, we also litigate when an amicable approach isn’t suitable. We understand the necessity of having to be one step ahead at all times.

Where must I get Divorced?

A court has jurisdiction to adjudicate a divorce if one or both parties are:

  • domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or
  • ordinarily resident in the area of jurisdiction of the court on the said date and has or have been ordinarily resident in South Africa for a period of not less than 1 year immediately prior to that date.

How much does a Divorce Cost?

The question relating to what a divorce costs depends solely on whether your divorce will be a contested or uncontested divorce.

We provide our clients with various packages relating to uncontested divorces. An uncontested divorce may cost between R7 000.00 and R10 000.00, depending on the client’s specific needs and instructions.

The costs of a contested divorce are much higher and will depend on an array of factors, but mostly on the client’s instructions. Aspects such as minor children and division of accrual, all directly impact the costs involved in a contested divorce. Our offices aim to provide our clients with cost estimates on a regular basis to ensure that they are always aware of what the next steps in the contested divorce will be and what the cost implication will be.

What makes a Good Divorce Lawyer?

A good divorce lawyer will understand the client’s wishes from date of receipt of the instruction. The divorce lawyer and the client must work together on a strategy on how the divorce proceedings will be conducted and ensure that each of them is aware of the timing of the steps which must be taken to achieve their end goal.

Your divorce lawyer must also provide you with regular feedback on your matter and advise you on what the next steps in the process will be. Furthermore, your divorce lawyer must provide you with regular billing statements and cost estimates to ensure that you are financially prepared for your divorce, irrespective of whether it is a contested or uncontested divorce.

A good divorce lawyer will advise you to take care of yourself physically and emotionally and must him or herself be emotionally strong and level-headed with an objective view relating to your contested or uncontested divorce.

Our divorce lawyers will be able to assist you with:

  • Advice regarding your rights during and subsequent to a divorce as well as the financial aspects relating to divorces (including the cost of a divorce and division of assets in divorces);
  • Maintenance disputes (spousal maintenance, interim (temporary) maintenance);
  • All factors relating to children, including care (child custody), contact, the drafting of a parenting plan, how to implement a parenting plan, calculation of child maintenance, how to file for child maintenance;
  • Obtaining a protection order in domestic violence or abuse situations;
  • Resolving your divorce dispute through mediation.

Who or What is the Family Advocate?

The Family Advocate is an impartial state institution appointed by the Minister of Justice in terms of the Mediation in certain Divorce Matters Act 24 of 1987. The Family Advocate can after the institution of a divorce action or an application for the variation, rescission or suspension of an order with regard to the custody (care), guardianship of, or access (contact) to a child, institute an enquiry to enable it to provide to the court a report and recommendations concerning the best interests of the child. Such an inquiry can be instituted upon request by one of the parties to the proceedings or on the instance of the court.

The Family Advocate may, if it deems it in the interest of any minor or dependent child of a marriage concerned, and shall if so requested by a court, appear at the trial of any divorce action and may adduce any available evidence relevant to the action and cross-examine witnesses giving evidence thereat.
The services of the Family Advocate are rendered to the public free of charge.

If you require any additional information regarding the services that the offices of the Family Advocate provide, you may find information on their website directly.

Next Steps

Should you wish to make contact with one of our team members, kindly e-mail us at divorce@barnardinc.co.za or phone us on 0861 088 088.

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