Without a doubt the number one most controversial and speculative issue for women is a field of law which I am very passionate about, Family law.
Being actively involved in my own legal firm as a qualified Attorney and Conveyancer, I have found that we all get so consumed with life that we seldom have time to ask the big questions. Questions that you might one day regret never have asked. I want to provide you with a platform to ask and be answered. I would like to invite you to feel free to provide me with your individual questions, I will the supply you with a short, basic but helpful answer. Should you then require any further assistance, you will know where to schedule a legal consultation, with an individual who believes in your wellbeing. I am adamant in keeping this write-up fun, interesting and attention binding with the hope that your burden has been lessened in knowing there is always a way out!
Let’s talk divorce. Whether you are married in community of property, out of community of property or out of community of property with the accrual, the procedure in obtaining a divorce follows a very similar and stringent procedure, yet different approach.
1. If you foresee you and your partner reaching a settlement in terms of a separation, then well to put it blunt you have won first prize. The Settlement Agreement will contain clauses relating to for example asset division, visitation rights to your minor children, medical aid provision and pensions etc. Note to self, all parties always foresee signing a Settlement Agreement and finalizing their divorce on an amicable basis. The truth is that it has been my experience that this is seldom the case where one or both parties are financially independent or in the case where minor children are readily available for the parties to disagree and fight over.
Should you be one of the fortunate few who will be able to persuade their spouse to agree to the Settlement Agreement, the process from hereon should be rather quick. This, in most cases if not opposed, will be seen as an unopposed motion. The court date could be allocated rather speedily and in most cases this timeframe varies from about one month to three months from the undersigning of the Settlement agreement, taking into account that no unforeseen instances occur. The process in court and physically on the stand could last for about 15 minutes at most;
2. But, if you do feel like fighting over pots and pans, then gear up and get ready because you are in it for the long haul. This process is long, tedious and draining for all parties involved. Summons will be issued and the entire process might take anything from 8 months to five years, or longer. Obtaining a court date is another problem seeing as the court rolls are very full with regards to allocating a hearing date for a divorce. But, if you wanted to hang your dirty laundry for all to see and expose your partner for who he truly is, according to your version of the truth, then this is your time to shine. Evidence will be led with regards to exactly how the marriage dissolved and all the reasons as to why it dissolved. Whereas in an unopposed motion, no real detail is exposed in the court documentation.
3. The costs involved? Well this purely depends on the choice in legal team. Attorneys and Advocates work on an hourly tariff and the seniority of your legal team will dictate the fee structure.
Divorce is never easy, but if you equip yourself with knowledge on what to expect and add to that a victorious support system behind you, you will come out stronger and know that pain is only temporary, but your self-respect, dignity and happiness should last forever.
You have one life, make the right choices and you will end up loving this life you live!
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