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Why You Need a Specialist Divorce Attorney in Divorce Matters

Divorce is rarely easy. Emotions run high, lives are upended, and legal complexities can make the entire process overwhelming. In this type of legal process, a specialist divorce attorney becomes not just helpful but imperative.

Not only do they provide professional guidance, but they also help you navigate the intricacies of the Divorce Act, which is the cornerstone of divorce law in South Africa. Understanding how this legislation impacts your case is crucial, especially in matters of property division, spousal support, and child custody.

The Role of a Divorce Attorney

A divorce attorney is your representative in one of the most stressful legal processes you will ever face. They ensure that your rights are protected and that the terms of the divorce are fair.

Whether your divorce is contested or uncontested, a skilled divorce attorney may help you interpret complex legal documents and proceedings, negotiate settlements, ensure that you comply with the provisions of the Divorce Act, and arrange representation in court for you.

Without the correct legal expertise, it’s easy to overlook critical details that could cost you dearly in the long run and lead to experiencing less than ideal outcomes.

Understanding the Divorce Act

The Divorce Act 70 of 1979 governs the dissolution of marriages in South Africa. It outlines the legal grounds for divorce, as well as how key matters such as asset distribution, spousal maintenance, and child welfare are to be handled.

The Divorce Act directly influences the most important aspects of a divorce.

Divorce and Property Division

Property division is a central issue in most divorce proceedings. The Divorce Act regulates how property is divided, depending on the matrimonial property regime in terms of which the couple was married:

1. Where a couple marry in community of property, all assets and liabilities are shared equally. Upon divorce, everything is split 50/50 unless a court finds good reason to deviate from this.
2. Where a couple marry out of community of property (they marry subject to an ante-nuptial contract), one of two options, broadly speaking, are possible. A contract without accrual, where each party retains the property they own before the marriage as well as any growth they make on their respective estates during the marriage or a contract subject to the accrual system, in terms of which any growth of the estates during the marriage is shared evenly upon divorce.

A specialist divorce attorney will help determine how your specific marital regime and contract affect asset division.

Spousal Maintenance

The Divorce Act allows for spousal maintenance if one spouse can prove financial need and the other has the means to pay. Spousal maintenance is not granted automatically. Courts consider factors such as the length of the marriage, each party’s financial situation, and contributions to the marriage (including non-financial contributions).

An experienced divorce attorney can help you apply for or defend against a maintenance claim, ensuring the court has all the relevant information and is in a position to make an equitable order.

Child Custody and Child Maintenance

Perhaps the most emotionally charged aspect of any divorce is child custody. The Divorce Act works in conjunction with the Children’s Act to enforce the principle that the best interests of the child must always come first when a marriage ends.

The court may grant sole or joint custody and will decide on issues such as where the child, or children, will have their primary residence, access and visitation rights, and what financial support (child maintenance) each party will have to provide.

A divorce attorney ensures that parental responsibilities and rights are negotiated and enforced in a manner that protects the children and maintains parental involvement from both parties, where appropriate.

Ensuring Fairness and the Best Possible Outcome

The Divorce Act lays the legal foundation, but it is the expertise of an experienced divorce attorney that builds a strategy tailored to your unique circumstances. From protecting your assets to safeguarding your children’s well-being, having a professional divorce attorney by your side may make the difference between an amicable resolution to your marriage and years of costly legal battles.

Experience shows that in divorce matters, knowledge is power. Seasoned divorce attorneys play a vital role in guiding couples toward informed, sound decisions — from drafting prenuptial agreements that protect financial interests and prevent future legal disputes, to negotiating fair settlements when a marriage ends. The best time to seek professional legal advice is before the wedding.

Ask Riëtte Oosthuizen Attorneys to draft your custom prenuptial agreement and start your marriage with peace of mind.

Disclaimer: This article is for informational purposes only. It does not constitute legal advice and cannot be used to make any decisions. For advice on matters concerning family law, contact Riëtte Oosthuizen Attorneys. The information is relevant as of the date of publishing.