060 353 4448 jan@jcpretorius.co.za

Attorney Assisted Divorce

Attorney Assisted Divorce

Filing for divorce with attorney assisted divorce

  • Easy process to follow, hence with attorney assisted divorce we will do all the work for you.
  • We will draft all divorce papers for you and file for your divorce
  • We do all the admin for you
    • Issue Summons
    • Serve on the Defendant
    • In role the matter for you
    • Do Index and paginate
    • Prepare all court documents for final enrollment
    • Appoint an Advocate to represent you in court
    • Process takes about 10 minutes in court if uncontested
  • You only have to appear in court
  • We will get the court order for you after 2 weeks after the order has been granted

Uncontested Divorce

An uncontested divorce can be finalised in four to six weeks depending on the court roll. Therefore, it is not necessary for both parties to appear together in court, therefore, only the plaintiff will give evidence and conclude the divorce before a magistrate or judge, depending on the court in which the divorce was instituted.

The process of an uncontested divorce is relatively simple. As already mentioned, the parties usually enter into a settlement agreement and parenting plan (when children are involved) prior to the divorce. Once the settlement agreement and parenting plan are signed by both parties and witnesses, the divorce process can commence.

Settlement Agreement

Usually, the settlement agreement and parenting plan will be attached to a summons and a particulars-of-claim document. The plaintiff then issues the summons and annexures at court.

The court registrar will open a file, stamp the documents and allocate a case number. The documents will then be handed back to the plaintiff and the plaintiff will deliver two sets of these documents to the sheriff in the area where the defendant resides or work. The sheriff will then serve the documents personally on the defendant and issue a return of service proving that the documents were served.

Family Advocate

After a period of 10 days, if the plaintiff and defendant live in the same jurisdiction of the court, or 20 days, if they live in different jurisdictions, the plaintiff may enrol the divorce on the court roll. When there are children involved, the parenting plan must be endorsed by the Office of the Family Advocate prior to the divorce being heard in court. The court will not conclude a divorce without this endorsement. The registrar will then allocate a date and the divorce will be set down on the court roll.

The plaintiff must then file a notice of set down for the date and time set by the registrar. The plaintiff will appear personally in court before a judge or magistrate to conclude the divorce on the date set down.

COST – ATTORNEY ASSISTED DIVORCE (LOCAL)

Gauteng – R7500,00 for uncontested divorce excluding expenses, normally includes Sheriff fee of R250-00 and Advocates fee of R1000,00

Other Provinces – R8500,00 for uncontested divorce excluding expenses, includes Sheriff fee of R250-00, Correspondent fee of R1500,00 and Advocates fee of R1000,00

We require a deposit of R3500,00 and the balance you pay over 2 months.

You can complete online form and under no obligation we will provide you with a quotation you can accept or decline or contact us if you need more information.

All forms are completed online no face to face consultation needed. Therefore, filing for divorce made easy for you.

Attorney Assisted Divorce

Easy online form to complete, we will do all the work for you. Divorce can be completed in 6 – 8 weeks.