Divorce is so much more than legal paperwork. It is a financial, emotional, life changing decision which alters the course of your future.

If there are children involved, invariably divorce will entail a working, ongoing set of rules centered around the needs of the children.

The law of divorce is well established and every legal permutation has been argued in court numerous times. For the divorcing spouses it does not need to be a bloody battlefield where the only potential winners are the respective legal teams.

Over the years we have finalised numerous, negotiated, uncontested divorces. The advantage of not going to the battlefield is the divorcing spouses and the children are spared months of unnecessary stress and anxiety. It also avoids the situation where the children may feel pressure to choose a side because of the ongoing battle, which could have long term consequences.

We actively encourage counselling for the spouses and the children during the divorce process. To this end we are familiar with various psychologists who have a reputation in this area of work. We also sometimes refer clients to an accountant who assists the divorcing spouses, where necessary, with valuing the assets for division purposes.

If circumstances do not allow for a negotiated divorce then we are competent and capable of litigating the divorce. As a firm we prefer to use the High Court as it is more professional than the Regional Court. If there is an urgency or a specific need for privacy then we use the Pietermaritzburg High Court, despite the fact that we are based in Westville.

Because divorce is such an emotional life changing event it is beneficial to use a smaller firm where the professional you talking to is actually doing the work and trying to negotiate / litigate the path forward. Further, a smaller firm often allows for more privacy during the whole process.

Our fees are very competitive and we charge on an hourly rate. Please feel free to phone and discuss our hourly fees and the potential total cost.

If you are contemplating divorce you might want to ask yourself some of the following questions?

  • What marriage system is applicable to my marriage?
  • Would I or my spouse be best suited to have primary residence of the children?
  • Would it be in the best interest of the children to share primary residence?
  • What would be best for the children and what would their thoughts be in respect of contact and living arrangements?
  • What pensions, provident funds and retirement annuities do my spouse and I have?
  • What assets do we each own?
  • What liabilities do each of us have?
  • Do I have the finances to pay for my divorce or alternatively will I need my attorney to bring a Rule 43 application to request the court to order my spouse to pay for my legal fees?
  • Financially will I need maintenance after the divorce or alternatively will my ex-spouse require maintenance?
  • What assets would I like to keep?
  • What liabilities am I prepared to accept?

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