FILING FOR DIVORCE

Filing for divorce can be one of the biggest emotional and financial decision you have to make in your life.

Therefore you are at the right place to start with your divorce, and filing for divorce. We are here to assist you with the divorce process and advise you on the best options available.

You can trust in our service for a speedy divorce in a professional manner.

Filing for divorce – Family Law Information

• Interim Maintenance and Rule 43
• Child Maintenance
• Maintenance and Financial Support
• Spousal Maintenance

• Matrimonial Property Regimes
• Divorce a Missing Spouse
• Trusts and Divorce

• Parental Rights
• Unmarried Parents and Children
• Parenting Plans

• The Protection Order
• Steps to Obtain a Protection order
• Breaching Protection Order
• Same Sex Partners

Filing for divorce options.

We have three options available to start with your divorce process. We will assist you with filing for divorce and resolve as quickly as possible as it can be an emotional time for you.

You have to take the following into consideration when filing for divorce.

Jurisdiction when filing for divorce

Which court will have jurisdiction? Section 2 (1) of the Divorce Act 70 of 1979 prescribe which court shall have jurisdiction.

Dissolution of marriage and grounds of divorce

A marriage may be dissolved by a court by a decree of divorce and the only grounds are:

• the irretrievable break – down of the marriage as contemplated in section 4 of the Divorce Act;
• the mental illness as contemplated in section 5 of the Divorce Act.

Safeguarding of interest of dependant and minor children

The Court must be satisfied that the provisions made with regard to the welfare on any minor child are the best that can be effected in the circumstances.

Division of assets when filing for divorce

The court may in accordance with a written agreement between the parties make an order with regard to the division of the assets or payment of maintenance by one party to the other.

Forfeiture of patrimonial benefits of marriage

When a decree of divorce is granted on the ground of the irretrievable breakdown of a marriage the court may make an order that the patrimonial benefits of the marriage be forfeited by one party in favour of the other, either wholly or in part.

If the court, having regard to the duration of the marriage, the circumstances which gave rise to the breakdown thereof and any substantial misconduct on the part of either of the parties, is satisfied that, if the order for forfeiture is not made, the one party will in relation to the other be unduly benefited.

Procedure filing for divorce

The procedure applicable with reference to a divorce action shall be the procedure prescribed from time to time by rules of court.