Contested/Opposed divorce

A contested or opposed divorce means that the parties are unable to reach an agreement on one of more of following issues;

1. How the assets and liabilities will be split.
2. Where the children will stay alternatively a shared residency arrangement.
3. What the other parties contact will be to the children.
4. The amount of maintenance that will be paid.
5. If spousal maintenance will be paid and the amount.

Documents and Information Needed

To prepare for you’re a contested divorce consultation, kindly bring:

• Your original marriage certificate.
• A copy of your antenuptial agreement (if applicable).
• If maintenance is required for you or your children, we request:
• A schedule of your current and anticipated monthly expenses.
• Specific details of children’s expenses (education, extra-murals, medical aid, healthcare costs, special needs, etc.).

Steps in a contested divorce

1. Consultation with an attorney in respect of the matter
2. Drafting of the summons and issuing thereof from Court
3. Appointing a sheriff and having the summons served. If defended the process is then divided into the following stages;
4. Pleadings Stage : Plea and counterclaim , Plea to Counterclaim
5. Discovery stage: Rule 35 notices and discovery affidavits
6. Mediation stage if applicable.
7. Pretrial Stage and drafting of Minutes
8. Preparation for trial: Trial Bundle and Indexation and pagination of Court file
9. Applying for Trial Date
10. Trial Stage

Rule 43 Maintenance

The Courts understand that spouses and children cannot wait until a contested divorce is finalised to obtain financial relief and as such has created a procedure so the parties can apply for interim maintenance orders which help cover:

• Children’s residence arrangements.
• Contact rights for the other parent.
• Spousal and child maintenance contributions.
• Educational, medical, and special needs costs.
• Contributions towards legal expenses.

Our divorce attorneys in Randburg can assist you and your children to get the relief that you seek.

Forfeiture of Assets

Our law further recognizes that one party in a marriage may have been the major cause for the breakdown thereof or that assets were obtained by one party before the marriage and it would be unfair and unequitable for the other party to share in them. As such Forfeiture can be requested from the Court. Other factors the Court considers is duration of marriage and if a party will be unduly benefited . Please speak to our divorce attorneys in Randburg about this during the consultation.

Spousal Maintenance

In opposed divorces, the Court can order lifelong or temporary rehabilitative maintenance. Our divorce attorneys in Randburg have the expertise to guide you through this process.

Financial Aspects of Divorce

The financial settlement depends on your marital regime that you and your partner have chosen In community of property:

• Assets and liabilities are combined, and the balance is divided equally.

• Out of community of property excluding accrual: Each party retains their own assets and liabilities.
• Out of community of property subject to accrual: Requires expert legal analysis, as it involves commencement values, inflation, and growth or decline in each party’s estate.

Our divorce attorneys in Randburg are skilled at interpreting antenuptial agreements and providing accurate financial calculations.

Divorce When Your Spouse Is Abroad or Address Unknown

If your spouse is abroad, we can assist with a divorce by edictal citation, where the Sheriff of the Court serves the summons through alternative methods such as registered post or email.  If your spouse’s address is unknown, we can apply for substituted service, which may include service via social media or publication in a national newspaper.

Contact Our Divorce Attorneys in Randburg

Divorce can be one of the most challenging experiences of your life, but with the right legal team by your side, you don’t have to face it alone. Contact Tracy Sischy Attorneys today for a confidential consultation with experienced divorce attorneys in Randburg who will protect your rights, guide you through the process, and work tirelessly to secure the best possible outcome for you and your family.