Get Help from the Best Divorce Attorney Pretoria has to Offer to Avoid Pitfalls
If you are looking for the best divorce attorney Pretoria has to offer consider Riëtte Oosthuizen Attorneys that specializes in family law and divorce litigation. With the breaking up of a partnership being a rather emotional and complex issue you will want a lawyer that is professional and discreet in the handling of sensitive matters. You need a person that will be objective also when it comes to the division of property, guardianship and access to children. Divorces can become ugly if not handled properly. We help you stay focused and ensure that the best interests of the children are considered. We understand that it is more than just a breaking up of a family and also understand the trauma that is associated with such a step. We thus provide our guidance to the whole family to minimize the trauma for all.To help you gain perspective about divorce and the legal aspects surrounding such, we have provided some information that may be useful.
A divorce is the termination of a partnership that is seen by the court as a marriage. In South Africa we also have custom marriages where the husband has more than one wife. In such an instance, a divorce is followed by the returning of the Lobola paid by the husband’s family. We also have Hindu and Muslim marriages where the couple are married by an imam and such marriages are not terminated by the conventional court proceedings, but by the rules and regulations of the religion. Other marriages are that of same gender and then the conventional husband and wife marriages. The latter matter must go through a court proceeding for termination.
Issues to be addressed in a divorce include that of:
- Property division
- Child custody
- Access to children rights
- Financial compensation through a maintenance plan
Where possible, our attorneys in Pretoria will help to ensure a settlement and thus the quickest possible termination of the marriage. There may be instances where the parties can simply not come to an agreement and where such complications may lead to a lengthy process. Whenever possible, we try to avoid such, but if mediation is unsuccessful we will ensure that the best interests of our clients are considered.
Out of Community of Property
If a couple is married out of community of property and outside the accrual system, after 1994 (November), they each keep their own assets after the divorce. If a spouse borrowed money from the other, the other spouse may claim repayment for such.
In Community of Property
Where the couple did not sign an antenuptial contract they are married within community of property. As such their assets are shared and also the debt of both. When divorcing, the assets must be divided and both spouses are responsible for payment of debts. In such instances, complications may arise with the division of assets and responsibilities.
When divorcing, the assets must be divided and both spouses are responsible for payment of debts. In such instances, complications may arise with the division of assets and responsibilities. Get assistance from our attorney office in Pretoria to help you avoid divorce pitfalls.