Unpacking Divorce Law in South Africa

Hope For A Disabled Attorney
July 28, 2016
Resolving A Messy Business Dispute – The Ins And Outs Of Commercial Litigation
December 1, 2016
Show all

Unpacking Divorce Law in South Africa

Marriage is universally respected and treated as sacred by cultures across the globe – and South Africa is no exception. Despite this, so many spouses that were once on a blissful journey of matrimonial discovery…now find themselves having to learn about divorce law. And while many couples may do everything possible to try and save their marriages, divorces are often the inevitable result.

Coping with divorce proceedings is incredibly stressful, but understanding the Divorce Act (South Africa) is nonetheless a necessity to ensure the process is as smooth and bearable as possible. To this effect, the role of a qualified legal practitioner or attorney – preferably one who specialises in family and matrimonial law – is indispensible.

Dependable legal support for your delicate matters

Divorce and related family matters are, by nature, fragile and sensitive. Stephanie Aproskie Attorneys believes that sound counsel and professional legal assistance can, nevertheless, make divorce matters as amicable and amenable as possible.

While strongly believing in the power of reconciliation, our practice is strategically positioned to lend a genuine helping hand to people in untenable and irreconcilable situations up to and including the finalisation of divorces.
When divorce is the last alternative, engaging the right divorce attorney is crucial. No two divorces are exactly the same and this is undoubtedly one of the most emotionally-charged times for any husband or wife.

This is often made more distressing when children are involved. Our director, Stephanie Aproskie, carries a heart for matters of family and is passionate about practicing law with a greater purpose with her main concern being a tenable and sustainable relationship between divorced parents in regard to the minor children.

We understand the pain and trauma that individuals experience after a divorce and see our role as cornerstone to the mutual-parting and healing of both parties. And when divorce is the last and best solution, our firm is dedicated to making the process as amicable, fair, and painless as possible. Stephanie Aproskie Attorneys is a small but focused firm that is growing and holds an impeccable professional reputation, especially within the greater northern Johannesburg region where it mainly operates.

Our growing client base, which draws on our family law expertise, is attributed to our willingness to extend a listening ear and offer tangible, practical and personalised legal solutions.

South African divorce statistics are increasingly alarming showing a surge in divorce rates. According to recent annual findings of Stats SA (2014 Report), research recorded over 24, 500 divorces nationally. This represented almost a 3.5% increase than the previous year’s divorce rate. Trends also suggest that the number of marriages is declining relatively year on year, further exacerbating the increasing number of divorces.

Divorce law in South Africa: Understanding the divorce process

While the average layman doesn’t seek to intentionally learn about divorce, when marital problems emerge it becomes important to familiarise oneself with the necessary procedures and applicable laws.

Many aren’t aware that the court will only issue a decree of divorce once it is satisfied that a marriage has broken down irreconcilably. This means all measures to preserve the marriage have been undertaken. This may include instances of separation, such as a trial separation preceding the divorce, as well as mediation.

A legal divorce process is usually initiated when divorce summons are issued by the court. These summons contain all the details of the parties involved, including reasons for the marital breakdown and what the plaintiff seeks to resolve in terms of distribution of assets and possibly in terms of maintenance and access to the minor children if applicable . Prior to instituting summons however, it is always advisable for your attorney to try to facilitate a settlement of the divorce.

Engaging Stephanie Aproskie Attorneys

The right representation can simplify the legal process by ensuring that there are no unwarranted delays and all statutory requirements are satisfied.

While in theory the steps can be seamless, the reality is that failure to achieve mutual resolve on all associated issues can convolute the divorce process. The divorce becomes contested under these circumstances due to divergent stances by both parties in respect of asset distribution and contact with the minor children amongst other issues.

Divorce Act South Africa

The court has power to grant a divorce if either party has all of the following:

  1. A legally obtained marriage certificate. This can be the original copy or a certified copy.
  2. Sufficient proof or evidence that the marriage has broken down irrecoverably.
    The Court must be satisfied that the other party to the divorce has been effectively served with a copy of the application in person.
  3. Appropriate arrangements (including maintenance and contact) for any minor children born within the relationship must be mutually agreed on. This information has to be detailed in the sworn application for divorce and endorsed by the Family Advocate.
  4. Appropriate arrangements have been made dealing with the division of the immovable and movable property within the marital estate.

Stephanie Aproskie Attorneys specialises in family law, as well as several other areas of law in an umbrella of legal services, including debt collection, wills and estates and commercial law to mention a few. Keep watching for forthcoming reads offering specialised insight on various areas of law in South Africa.
Stephanie Aproksie Attorneys care about your situation and what you are going through. Contact Us Now for the best legal advice and legal council.

Leave a Reply

Your email address will not be published. Required fields are marked *