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Divorce Law | Updates | Recent Legal Developments

South African divorce law has undergone significant change with recent signing of the Divorce Amendment Bill which addresses discrepancies in the Divorce Act.

Divorce Settlement Agreement | Negotiating Equitable Terms

Navigating a divorce can be a challenging experience. One of the most critical aspects of this process is reaching a fair divorce settlement agreement.

Divorce in South Africa | Most Common Reasons for Divorce

Divorce in South Africa is a complex issue influenced by various factors that affect married couples. Here are the five most common reasons for divorce.

Divorce Procedure | A Guide | What to Expect

This guide aims to provide clarity and confidence to those navigating the divorce process and highlights how Riëtte Oosthuizen Attorneys can assist you.

Divorce | Mediation vs. Litigation | Which Is Best for You?

When navigating a divorce, couples are faced with the decision of how to proceed. Two common approaches to finalising a divorce is mediation and litigation.

Divorce Act | Child Custody and Guardianship

One of the most critical aspects of divorce proceedings under the Divorce Act is determining child custody and guardianship arrangements.

Divorce Lawyers | Expert Legal Guidance from Attorneys

Divorce is a challenging process – both emotionally and legally. When navigating the complexities of divorce proceedings, having expert advice is essential.

Divorce Process | What Divorce in South Africa Entails

Divorce is challenging and emotionally taxing, but understanding the divorce process in South Africa can help alleviate some of the stress.

Divorce Act South Africa | The Legal Process of Divorce

We decode the Divorce Act in South Africa, shedding light on its provisions and implications for those facing the challenges of the divorce process.

Divorce Procedure | Why You Need Legal Assistance

This serves as a guide to understanding how Riëtte Oosthuizen Attorneys’ professional legal assistance can make your divorce procedure as smooth as possible.

Divorce Papers | The Beginning of the Divorce Process

We at Riëtte Oosthuizen Attorneys explore the importance of understanding divorce papers and how this process can propel you forward if done properly.

Divorce Process | A Practical Roadmap

At Riëtte Oosthuizen Attorneys, we present a practical roadmap that outlines essential guidelines for a streamlined and efficient divorce process.

Divorce Settlement Agreement | Ensuring Fairness

Explore the importance of a strong divorce settlement agreement and how it ensures fairness and clarity for all involved with Riëtte Oosthuizen Attorneys

Divorce Lawyers | What to Look for in an Attorney

Selecting the right divorce lawyers is vital for effective proceedings. Explore key factors to find representation that suits your needs during your divorce.

Divorces | How to Overcome the Challenge and Thrive

Divorces can result in a set of challenges, but Riëtte Oosthuizen Attorneys shares how you can overcome these. Seek legal expert guidance to help you thrive.

Divorce Attorneys | Essential Qualities to Look For

Going through a divorce is undoubtedly a tough transition, having the right divorce attorney by your side can make all the difference.

Divorce | The Role of Divorce Procedures

Divorce procedures serve as the foundation of a respectful separation. They provide a structured framework for addressing critical issues during divorce.

Divorce Lawyers | Your Compassionate Advocates

Divorce is often viewed as the end of a chapter in life, but choosing the right divorce lawyer can be the start of a new and exciting beginning.

Divorce Papers | Crafting A New Beginning

Divorce is a challenging journey that involves a multitude of legal procedures. One key aspect of this process in South Africa is dealing with divorce papers.

Divorce Lawyers | The Ultimate Guide

Riëtte Oosthuizen Attorneys is here to provide you with the ultimate guide to finding top-rated divorce lawyers who will skilfully navigate your case.

Divorce Process | What You Need to Know

Riëtte Oosthuizen Attorneys is here to guide you through the divorce process and provide the support you need during this difficult journey.

Divorces | Expert Advice | Riëtte Oosthuizen Attorneys

At Riëtte Oosthuizen Attorneys, our objective is to help you navigate the divorce process with expertise and compassion.

Divorce Act | How It Works | Exploring the Divorce Act

In South Africa, the legal framework governing divorce is the Divorce Act, which outlines the rights and responsibilities of spouses seeking to end a marriage.

Divorce Papers | Get Legal Support

If you have been served with divorce papers, it's essential to be well-informed and take the appropriate actions. We can guide you in taking the right steps.

How to Stay Emotionally Healthy

At Riëtte Oosthuizen Attorneys, we understand that divorces can be challenging and emotionally taxing experiences. The process of untangling a once-promising union can leave you feeling overwhelmed, anxious, and uncertain about the future.

Exploring Divorces Through the Ages

Divorce, the legal termination of a marriage, has a long and complex history. From ancient civilisations to the present day, divorce has been a reflection of societal attitudes, evolving notions of personal autonomy, and changing gender roles.

What to Do When You are Served with Divorce Papers: Navigating the Legal Processes

Being served with divorce papers can be an overwhelming and emotional experience. If you find yourself in this situation, it's crucial to understand the steps to take and when to enlist expert legal assistance.

How to Prepare for Divorces | Tips from Attorneys

Divorces are never easy, even when they are straightforward and uncontested. When there’s a chance that a divorce will be contested, children will be affected and there is a substantial amount of assets to divide, the importance of preparation cannot be overstated.

Considerations When Hiring Divorce Lawyers

Riëtte Oosthuizen Attorneys Riëtte Oosthuizen Attorneys has over 20 years of experience helping people navigate the tumultuous waters of a divorce, so we know that a divorce involves so much more than just litigation. Contested divorces can be traumatic, and emotionally harrowing.

How Our Expert Attorneys Can Support You

Riëtte Oosthuizen Attorneys Riëtte Oosthuizen Attorneys has over 20 years of experience helping people navigate the tumultuous waters of a divorce, so we know that a divorce involves so much more than just litigation. Contested divorces can be traumatic, and emotionally harrowing.

Simplify the Process with Legal Experts

The signing and serving of divorce papers can be an especially trying part of a divorce, which already involves immense disruption and upset in one’s life. By having a professional attorney helping you navigate this potentially fraught process, you can make sure you are in the best possible position when it comes to divorce papers, whether you need to have them served, or have been served.

Mediation in the Divorce Process in South Africa

The divorce process can be overwhelming, complicated, and emotionally draining. To make matters worse, the legal system can often be slow and costly too. However, couples who choose to opt for mediation as part of their divorce may find it a more efficient and cost-effective way of coming to an agreement.

Understanding the Grounds for Divorce in South Africa

Divorce is not an easy topic to tackle, and the laws regarding it can often be complex to understand. However, it’s important to know what the grounds for divorce in South Africa are and what the courts consider when granting a decree of divorce.

How to Get Started with the Divorce Process in South Africa

Under South African law, a divorce is instituted when one party goes to the court (themselves or through their attorney), and a summons is issued. The divorce process can be carried out at the High Court or the Regional Magistrate's Court that has jurisdiction over the particular area.

Understanding Divorce in South Africa: A Global Perspective

Divorce law is specific to every country. What is regarded as legally sound when it comes to Japan must wait 100 days after a divorce to get remarried. On the other side of the globe, couples must separate for at least a year before getting a divorce in Chile. If you live in the Vatican or the Philippines, however, no legal provisions exist for divorce. While strides are being made to change these stipulations, change is undoubtedly slow.

Understanding Common Reasons for Divorces

For some, divorces are a part of life. Knowing this, however, doesn’t make them any less overwhelming or emotionally trying. Recent metrics from the Department of Social Development and other institutions have shown “a steady increase in divorce” across the country and changes to traditional nuclear family models.

The Role of Divorce Lawyers

Divorce is a devastating time for the whole family. Many emotions are at play when a marriage breaks down, and several legal considerations including custody, assets, finances and property need to be dealt with. Divorce lawyers are qualified legal professionals who work in the field of divorce. They are well-versed in family and divorce law and will work to protect their clients' rights and find the best possible outcome throughout the process. They will handle all the legal elements of divorce, including financial or custody aspects of proceedings; they understand the complex legal system and can take care of the administrative and legal stress on their client's behalf. This frees up the client’s time to focus on their well-being and that of their family.

Understanding Divorce Papers and Processes

Divorce occurs when a couple chooses to dissolve their marriage in a court of law. During the process, both applicants must fill out divorce papers. Those wishing to engage in the divorce process can either go to court themselves to access these documents or consult a legal professional who will act on their behalf. In the case of uncontested divorce proceedings – whereby both individuals agree to the divorce terms – parties can either navigate the process themselves or go through a shared attorney who will manage various administrative processes such as the divorce papers.

Steps Involved in Divorce

Divorce refers to the legal separation of a married couple. If couples are married in a civil marriage, it will be dissolved under South Africa's Divorce Act. This event takes an emotional toll on the entire family and can be an incredibly confusing time for everyone involved. It also entails a complex web of legal documents and processes, especially if the process is contested and former couples cannot agree on the division of assets or custody of their children.

Main Reasons for Divorce

There are so many reasons why former couples might opt for divorce. Over time – and as life stresses take hold – many married couples find themselves drifting apart. More often than not, it’s an entire constellation of reasons that leads to the breakdown of the marriage. Issues could include anything from financial stress and addiction to infidelity and abuse, to name a few. Every couple deals with varying circumstances prior to divorce, and as lawyers, it is our job to ensure that the legal process – while emotionally taxing – reaches the best outcome so that you can move forward with your life.

Asset Division Under South African Divorce Law

Conflicts around assets can become some of the most heated amid the already stressful divorce process. Nobody gets married thinking that divorce will be on the cards, let alone thinking about how their assets will be divided in light of the dissolution of the marriage. The division of assets during a divorce will usually be determined in your pre-matrimonial legal agreement. While parties can agree to divorce terms and asset division together, asset division will usually depend on whether parties were married in community of property or not.

Finding a Divorce Lawyer in South Africa

Divorce can be an incredibly daunting process for individuals and family units as a whole. This is why so many individuals going through the dissolution of marriage seek the advice and services of trained legal professionals. Divorce Lawyers can support you in navigating the intricacies of the legal system and ensure that you come out of the process with the best possible outcome. This can diminish stress and make you feel more empowered through an otherwise difficult situation.

Understanding Divorce Settlement Agreements

The divorce settlement agreement is a document that clearly outlines the terms of the divorce. Both parties must agree with the stipulations for the settlement to go ahead in a court of law. Under South African jurisdiction, there are three types of divorce, namely contested, uncontested, and mediated.

Divorce In South Africa Post-Lockdown

No matter where you are in the world, divorce can certainly be a devastating process. It takes its toll on the entire family and can disrupt life as you know it when homes, children, and assets are on the line. Add the global pandemic to the equation, which saw an increas in divorce in South Africa according to many attorneys across the country, and it's no wonder that so many people are seeking legal counsel as their marriages dissolve. Nonetheless, while divorce applications are rife, the impact of lockdowns and the emergency State of Disaster are still taking their toll in South Africa and beyond. The Department of Justice has reported high levels of applications and a corresponding backlog in response.

Divorce Advice Before You Start The Process

While no one gets married thinking that they’ll have to consider divorce, it is, unfortunately, an undeniable reality for many people. The dissolution of a civil union can be incredibly stressful and emotions can run high when finances, children, and property are in the mix. However, when you work with a trusted attorney, they can offer some peace of mind, ensuring that you’re able to navigate the divorce settlement on your own terms and secure the best outcome for all. When working with an attorney and accessing specialised advice, clients will experience the following advantages:

Common Divorce Law Questions

When it comes to divorce law in South Africa, our clients often have many questions. Both civil marriages and customary ones need to be dissolved by the court under South African Law. While many people choose to consult an attorney, others engage in the process alone. Understandably, it can be a tricky journey to navigate and fully comprehend since there are so many variables. Here we examine the top questions that our clients often ask.

Understanding the Cost of Divorce in South Africa

The cost of divorce will vary depending on the type of proceeding the parties are going through. When it comes to divorce in South Africa, the process can be relatively speedy, or it can take many months or even years. Here we explore different processes and the financial implications involved:

3 Reasons Why You Need a Divorce Attorney

There is no denying just how stressful and unsettling a divorce can be for everyone involved. Suddenly, life as you once know it is uprooted, and you have to navigate the uncertainty of a marriage breakdown and the unknown journey ahead. While filing for proceedings alone might seem like a tempting way to save some money, and it might work out in certain situations, most people will hire an attorney for the job. Here, we explore three reasons why hiring an experienced divorce attorney is beneficial.

How Long Does Divorce Litigation Take in South Africa?

Divorce litigation can take anywhere from a month to several years, depending on the type of divorce you and your former partner are going through. If both parties agree to the terms and conditions, it might be granted in as little as four weeks. However, if conflict ensues and parties cannot agree on issues around child custody, shared assets, maintenance, and terms and conditions of proceedings, the process can take much longer. This will often result in hefty legal fees and extreme emotional distress for everyone involved, especially if it drags on for years. In such an instance, litigation is advisable and can assist clients in navigating the stormy waters and emerge somewhat less unscathed. Here, we explore factors that might impact the length of the proceedings and the litigation process in South Africa.

Understanding Child and Spousal Divorce Maintenance

Under Divorce Law in South Africa, two types of divorce maintenance issues might arise, namely instances of spousal or child maintenance. In this article, we unpack both types under South African law. The most popular type of divorce maintenance is the issue of child maintenance. The Children’s Act stipulates that parents or legal guardians of children are responsible for providing financial contributions to the cost of childcare. This includes covering all basic needs such as food, clothing, education, and medical costs.

Understanding South Africa's Divorce Act

If you are embarking on divorce in South Africa, it is advisable to have a basic understanding of the South African Divorce Act. While your attorney will possess an in-depth knowledge of the Divorce Act and be able to advise you at every point in the process, it is always a good idea for prospective clients to understand how it all works before embarking on the process. Understanding how it all works will empower you to make the best decisions for yourself and offer you greater peace of mind.

Contested Divorces versus Uncontested Divorces

There is no denying the fact that divorce can be one of the most stressful and costly experiences a person can undergo in their lifetime. The emotional toll of the process is next to none, and when children, shared assets, finances, property, and other intricacies are in the mix, it can be a cause immense concern. Essentially, there are two main types of divorce: contested processes and uncontested ones. Here, we delve into the difference between the two to offer a thorough understanding of the types of divorce available in South Africa.

Understanding Divorce Settlement in South Africa

When you get married under South African law, two critical systems are in place to determine the division of assets during the divorce settlement. Namely, getting married in community of property or getting married out of community of property (which can be done with or without accrual). The accrual clause states that what was yours before marriage remains yours, and anything accrued while you were together belongs to both parties

How to Keep Divorce and Lawyer Fees Down

Going through a divorce is a painful and stressful process, not just emotionally, but also financially. It could cost you more to get divorced than it did to get married in the first place, which is why a lot of people end up with copious amounts of debt in fees owed to their divorce lawyers after it has been finalised. Here is how you can save on legal fees by following four simple steps.

Do You Need a Divorce Lawyer?

We have all heard stories about the divorce process through friends or family that have been through it. Unfortunately, it is not possible to know all the dos and don’ts of a divorce case, as every divorce is different. If you are seeking a divorce, you may be tempted to file for divorce on your own.

Understanding the Divorce Act in South Africa

Clients that choose Riëtte Oosthuizen Attorneys in divorce proceedings stand to benefit from over ten years’ experience dealing with divorce in South Africa, as well as an intimate knowledge of the Divorce Act. The current act that was enacted in 1979 made considerable changes to the one preceding it, which only allowed for four grounds of divorce and left the female partner at a distinct disadvantage.

Get Divorce Advice Before Filling Out Divorce Papers

It is a sad fact that divorce has become so common place these days that you can buy divorce papers from the CNA or even download the documents over the internet. But just because divorce is commonplace it doesn’t mean that this is the route that you should necessarily take when you decide to end your marriage.

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.

A Divorce Lawyer In Pretoria Backed By A Reputable Practice

When looking for a divorce lawyer in Pretoria, try and find one that has a reputable practice backed by a skilled and experienced support team. Although there are many similarities between divorces between different couples, there are also many factors that are unique in any divorce. The team backing your divorce lawyer can help identify the unique factors in your divorce so that you r lawyer can offer you the best advice and ensure that you receive a fair and legal divorce settlement.

Steps In The Divorce Process In South Africa

The first legal step to take in the divorce process in South Africa is to issue a divorce summons to your local district family or magistrates court. There are a number of items that need to be included in this divorce summons.

Divorce Mediation or Divorce Litigation – Which Process is Right for You?

Getting a divorce and looking for the best way to finalise matters so you can both walk away amicably with dignity and money in your bank account? No two marriages are the same, which means that no two divorces are the same.

Divorce Maintenance And Alimony

There are basically two different forms of divorce maintenance. The first is spousal maintenance which is also referred to as alimony. Although alimony is becoming less and less common, there are still a number of situations where one spouse is required to pay money to their marriage partner for a specified period of time and in accordance with certain conditions.

Reaching A Divorce Settlement Agreement Out Of Court

Everything in our modern society is about doing things as quickly and efficiently as possible and this is no different when entering into a divorce. While many people believe that mediation to reach a settlement agreement is a waste of time, this is in fact one of the fastest ways to terminate a marriage.