Understanding Divorce Settlement Agreements in South Africa

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.

Contested processes are the most fraught and occur when both parties cannot agree on the various stipulations of the divorce settlement. Issues might include the division of assets, child custody, joint accounts, and other unresolved issues. Mediated processes occur when there are some disagreements around the settlement, and an unbiased third party will usually mediate these until a resolution is reached. Finally, uncontested divorces are the easiest type of settlement to navigate since both parties are in agreement about asset division, children, and all other elements of the divorce. These processes can be settled in as little as a month if there is space on the court roll.

Meeting with a qualified attorney is the best way to ensure that your needs are met when compiling the settlement agreement. An experienced divorce lawyer can help you to navigate any administrative complexities and ensure the best outcome during the process. If you are struggling to reach an agreement with your former partner, consulting legal experts is your best chance at getting the desired outcome.

Read more about REACHING A DIVORCE SETTLEMENT AGREEMENT OUT OF COURT here

Chat with Our Legal Team for Professional Support

Once you have found an attorney and firm that you feel confident in handling the settlement and subsequent agreements, it is time to engage in the details. At Riëtte Oosthuizen Attorneys, we handle a myriad of matters, including contested and uncontested divorce, interim matters, the valuation and distribution of assets, including property, issues around child custody, and any other child matters in accordance with the Children’s Act of 2008. Our trained legal professionals will walk you through the administrative necessities and manage all court proceedings and meetings on your behalf. We have 22 years of experience in the following matters:

• Inter-country matters
• Child law
• Child abduction
• Mediation
• Cohabitation
• Parental alienation

Contact us here or give us a call, and we will gladly walk you through the settlement agreement process. While the process may feel overwhelming at first, we will walk with you every step of the way, ensuring that you reach an agreement you are happy with.