Divorce Law and Cohabitation
We provide specialized cost-effective legal services in all aspects of divorce law, irrespective of whether the parties are married in civil or customary law. We develop a tailor-made strategy for our clients having regard to the matrimonial property regime applicable to their marriage i.e., marriage in community of property, marriage out of community of property, or marriage out of community of property with the application of the accrual system.
We understand that each divorce is different and has its own unique features which necessitate an approach that is specific for a particular divorcing client. We always try to understand the issues that may have led to the divorce with a view to developing a strategy that is suitable for the facts in the issue. Experience has taught us that divorce disputes can be settled by means other than litigation. For this reason, we start by suggesting either mediation or collaborative law, which are the two effective alternative dispute resolution mechanisms that, if used effectively, lead to the settlement of most divorces. When used efficiently, these mechanisms lead to divorces being uncontested thereby saving litigation costs for our clients.
If it is not possible for divorcing parties to reach an amicable agreement and not contest their divorce, we are prepared to fight for the rights of our clients throughout the contested divorce proceedings, which often leads to the dispute taking several months or years before it can be resolved by the court, resulting in increased costs and emotional ‘warfare’. This may lead to divorces becoming extremely complicated and acrimonious. Our family practice and divorce departments are led by our director who not only has a PhD in family law but also extensive practical experience in divorce litigation generally. He was appointed as one of the committee members of the advisory committee of the South African Law Reform Commission which is tasked to investigate the possibility of introducing a single statute that will regulate all marriages and marriage-like relationships in South Africa. He is also one of the leading family law academics in South Africa. He has published extensively in divorce law in accredited international and national law journals as well as popular law magazines such as De Rebus and Without Prejudice.
Our firm has the necessary skills, expertise and knowledge regarding legislation, court rules and case law that regulates divorce law in South Africa. We also have thorough understanding of all the statutory and common law remedies that often arise in divorce litigation such as redistribution remedy, interim maintenance, and forfeiture of patrimonial benefits, which we can strategically use to assist our clients to protect their interests and rights.
We have a transparent and fair fee structure that we propose to our clients before commencing any work on their instructions. This is done to provide our clients with a piece of mind, because the last thing in their minds during divorce proceedings is to worry about unstructured fees that cannot be justified. Given the emotive nature of divorce proceedings we create a safe environment for our clients where we take instructions in a non-judgmental and professional manner. We try our level best to listen to our clients carefully and avoid making assumptions that would make them feel uncomfortable and judged. We listen to our clients with empathy when narrating what may have led to their divorces. Were we ask uncomfortable questions, we do so with humility and respect. Our divorce law services are carried out with integrity and honesty. We also strive to keep our clients updated with the progress in their divorce cases.
We understand that divorce law is a highly specialized area of law which requires thorough understanding of other areas of law such as pension law, insurance law, trust law, maintenance law, child law and property law. These and other areas of law play a fundamental role depending on the matrimonial property regime applicable to the parties’ marriages. Lack of understanding of the intersection of divorce law with these and other areas of law may lead to clients losing out on their entitled pension benefits, child and spousal maintenance, assets held in sham family trusts and hidden assets. We do not rush to go to court. We strive to first understand what is at stake and determine the best way to protect our clients’ interests and rights. Were necessary, we advise our clients to apply for interim maintenance pending the finalization of their divorce.
We also have a thorough understanding of the legislation that regulates civil unions generally and same-sex marriages in particular. We also assist clients who are involved in life-partnerships or cohabitation relationships when these partnerships terminate. Our courts have been creative in providing some measure of protection to those who are left vulnerable upon the dissolution of these partnerships. We also assist with post-divorce litigation where during divorce, important issues which justify the rescission or variation of the divorce decree, were not adequately dealt with. Should you need assistance with your divorce or dissolution of your civil union or life partnership feel free to contact us for assistance.
