Divorce Procedure

Electing to end a marriage can be daunting and mentally draining, especially if there are minor children involved. Selecting an experienced attorney with sound knowledge in the field can be a valuable investment to ensure that your rights are not infringed.

Before seeking legal representation, it would be wise to have the following information at hand.
The guidelines below are important for marriages in community of property and out of community of property, some more pertinent to the former, and an attorney will advise you accordingly.

1. The actual psychical address for your spouse if both partners are not residing on the same property. Unlike other court processes, a divorce summons must be served personally on the party from whom a divorce is sought. If personal service is not possible a court hearing the matter will not grant the divorce and alternative means of service must be considered.

2. Compile a complete list of all assets and liabilities for both spouses. This is most pertinent were the parties are married in community of property as they are co-owners and co-debtors for their respective estates.

3. Compile a list of all pension fund policies and obtain the fund details to provide to your attorney

4. If you intend to seek maintenance for a minor child/ren and even yourself then the attorney will require an income and expenditure sheet.

Once you are in possession of the relevant information it would be wise to also note down the possible terms on which you wish to settle the divorce with your spouse. This will enable your attorney to approach your spouse with a settlement proposal which can be embodied into a settlement agreement. The divorce process can be fast tracked should you and your spouse come to an agreement on the following:

1. The monthly maintenance for a qualifying spouse.
2. The monthly maintenance for each minor child under the age of 18 years, were the parties did envisage tertiary education then provisions can be made for same.
3. The residence and spouse with which the minor child/ren will reside.
4. The access and visitation rights of the other spouse.
5. The division of immovable and movable assets.

For further information or assistance with a settlement agreement email us we will get back you.

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