DIVORCE & FAMILY LAW ATTORNEYS IN JOHANNESBURG, RANDBURG

Tracy Sischy attorneys is a boutique law firm established in 2003 and which has vast experience in divorces and family law.  We have the necessary experience to guide our clients in all types of divorces, whether it is opposed or unopposed.

The most common reasons for divorce is an irretrievable breakdown of the marriage, loss of love by one or both parties, incompatibility, irreconcilable differences, infidelity, where spouses have been separated for more than twelve (12) months or have been living together but separated from bed and table and different parenting styles

UNOPPOSED DIVORCES

We can assist you with mediating a divorce and drafting a divorce settlement agreement that complies with the Divorce Act, is in the best interest of the minor children and meets your financial needs.

We offer packages for unopposed divorces.

BEST INTEREST OF THE CHILDREN

In our divorce consultations we will discuss the best interest of the minor children (children under the age of eighteen (18) years, and children who are majors but who are still financially dependant on the parents).  We will further consider related aspects such as whom the minor children will live with on a full time basis, what the other parent’s contact/visitation rights will be, and what the other parent’s maintenance contribution will be.  We also assist parents with joint residence agreements in terms of which the children live one (1) week with one parent and one (1) week with the other parent, or whatever contact plan the parents agree on.  Once the parents have come to an agreement it is incorporated into a divorce settlement agreement and it has to be endorsed by the Office of the Family Advocate.  (Kindly see our further information on children).

SPOUSAL MAINTENANCE

We will also consult as to whether you require spousal maintenance (please see our maintenance page for more information).

DOCUMENTS AND INFORMATION NEEDED

Kindly bring a copy of your marriage certificate and antenuptial agreement if any to the meeting.  The antenuptial agreement will help us to consider financial settlement.  It must be noted that the Honourable Court allows the parties to decide on their own method of financial settlement.  Where maintenance is required for the spouse and or the children we require a schedule of your existing monthly expenses and what your expenses are anticipated to be after date of divorce.  Where children are involved we require specific information about their expenses and especially expenses which relates to education, extra murals, medical aid and medical costs, special needs and the like.

OPPOSED DIVORCES

Let our firm help you navigate the complexities and even trauma of an opposed divorce.

BEST INTEREST OF THE CHILDREN

In opposed divorces we have a wide variety of experts who will assist you to determine the best interest of the children.  This is the case if there is a dispute, especially when there is a disagreement as to where the minor children should live, what the other parties contact should be, guardianship and the like.  Further whether the minor children should primarily live with one parent, or where the parties exercise shared residence in respect of the minor children.

SPOUSAL MAINTENANCE

Our firm has the expertise to guide you through the complexities of spousal maintenance.  In some circumstance the Court may order that you require spousal maintenance until your death or remarriage.  In other circumstances the Court may order that you only require rehabilitative maintenance for a limited period of time to get back onto your feet.

RULE 43 MAINTENANCE

The Court understands that spouses and children cannot wait until date of divorce to have their maintenance needs met.  We have the expertise and the experience to assist you to apply for a Rule 43 maintenance order, until the divorce is finalised.  In terms of the Rule 43 maintenance order the Court can make an order as to where the children must live, the other parties contact and what the other party’s maintenance contribution must be in respect of maintenance for the spouse and children.  These maintenance orders often cover costs relating to education, extra murals, special needs, medical, medical costs and a cash contribution towards the children and spouse’s living expenses.  We also normally ask for a contribution towards your legal costs.

FINANCIAL ASPECTS

If the parties are unable to agree as to how the assets and liabilities must be dealt with then we will be guided by your marital regime which will be one of the following;

(a)       In community of property (one simply adds up the value of the parties combined assets, deduct the value of their combined liabilities and the balance, whether a positive or negative value is divided equally between the parties,

(b)       Out of community of property excluding accrual (simply means that what is yours is yours and what is mine is mine),

(c)        Out of community of property subject to accrual can become very complicated and expert advice from our firm is required.  Our firm has the experience and knowledge to analyse and interpret the various clauses of your antenuptial agreement, and how it affects the financial calculation.  We have to consider commencement values and assets, inflation, and each parties financial growth or decline, and how it affects the financial calculation.

FORFEITURE

Sometimes there are assets which your spouse did not contribute towards, and you may ask for forfeiture of all your assets or specified assets.  This is specifically in the case where you had assets before your marriage or specified assets like your pension fund which your spouse did not contribute to.  Other factors that the court look at is the duration of the marriage, misconduct of the other spouse and the like.

IS YOUR SPOUSE ABROAD OR HIS ADDRESS UNKNOWN TO YOU?

All divorce or legal processes has to be served by the Sheriff of Court inside the boarders of South Africa.  Where your spouse is abroad we can assist you with a divorce by edictal citation where the summons will be served on him by the Sheriff of Court in an alternative manner for example by registered post or by e-mail.  Where your spouse’s address is unknown to you we can assist you to apply to the Honourable Court for substituted service for example via social media and or by way of notice in a national newspaper.

SAME SEX MARRIAGES AND RELATIONSHIPS

We have the expertise and the understanding to guide you in matters pertaining to same sex relationships and marriages.

NEED DIVORCE & FAMILY LAW ATTORNEYS IN JOHANNESBURG, RANDBURG THAT GETS RESULTS? CONTACT OUR DIVORCE LAWYERS TODAY.

Although the divorce process in South Africa is usually straightforward, the financial and emotional consequences can be devastating. The other reality couples have to realise is most divorces are lodged in the High Courts, these courts have overly burdened court rolls, which in turn make the waiting period for the couples very long. When you decide on a divorce, contact Tracy Sischy Attorneys, to ensure that your traumatic experience is handled by professional divorce lawyers efficiently and with the necessary experience and knowledge.