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Divorce Legal Services

“Benita & Jessica have been very professional & thorough throughout dealing with my divorce matter. They have both been very good at holding my hand through the entire process step by step.” – Sallona 

Divorce can be one of the most emotionally and financially stressful experiences in a person’s life. At Benita Ardenbaum Attorneys, we understand the complexities and challenges that accompany divorce. As leading specialists in divorce law, we are committed to offering compassionate, expert legal guidance to help you navigate through these difficult times. Whether you are dealing with a contested or uncontested divorce, or require assistance with international cases, our team of experienced family law attorneys is here to ensure that your interests are protected and to guide you towards a resolution that is fair and amicable. 

Why You Need Experienced Divorce Lawyers

Divorce law is complex, and having an expert divorce lawyer by your side can make all the difference in securing the best possible outcome. Whether your case involves contested divorce, uncontested divorce, or issues like spousal maintenance and financial settlements, our team of divorce law specialists ensures that every aspect of your case is handled with the utmost care. 

At Benita Ardenbaum Attorneys, we offer the following services to assist you through your divorce: 

International Divorce (Hague Divorce Convention) 

Divorce Mediation 

Contested or Opposed Divorce 

Uncontested or Unopposed Divorce 

Spousal Maintenance 

Collaborative Law 

Rule 43 Applications 

Each service is designed to address the specific legal needs of our clients, ensuring they receive the best representation. 

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Understanding the Divorce Process in South Africa

The divorce process in South Africa involves several legal steps that must be followed to dissolve a marriage. Depending on whether the divorce is contested or uncontested, the process may take place in either the High Court or a Regional Magistrate’s Court. 

Here’s a brief overview of the divorce procedure: 

Filing the Summons: The divorce process begins when one spouse (the plaintiff) files a summons, which includes the particulars of the claim and outlines the reason for the breakdown of the marriage. 

Service of Summons: A sheriff will deliver the summons to the defendant, informing them of the legal action. 

Response from the Defendant: The defendant has a specific period to respond to the summons, either agreeing to the divorce or contesting it. 

Court Proceedings: Depending on the case, the matter may be resolved through divorce mediation or proceed to court where a judge will make the final ruling. 

Throughout this process, Benita Ardenbaum Attorneys will be by your side, offering both litigation and mediation services to ensure your case is handled efficiently and with the least amount of stress. For more about the process have a look at our Frequently Asked Questions. 

Divorce Papers: Summons and Particulars of Claim 

Divorce papers are a critical part of the legal process. The ‘Summons’ and ‘Particulars of Claim’ contain important details, such as the names and details of both spouses, the reasons for the marriage breakdown, and any claims related to spousal maintenance, child care and contact, or division of property. 

The sheriff is responsible for serving the summons to the defendant. This official process ensures that the defendant is formally notified of the legal proceedings. At Benita Ardenbaum Attorneys, we ensure that our clients are well-prepared and supported through this process. 

 

Financial and Property Settlements 

One of the most complex aspects of a divorce is resolving financial and property settlements. South Africa’s matrimonial property regime, whether it be ‘In Community of Property’ or ‘Out of Community of Property’, influences how assets and debts are divided. 

 

Our divorce specialists work with clients to resolve issues related to the division of property, pensions, and other financial matters. We aim to secure fair and equitable settlements, ensuring your financial future is protected. 

If necessary, we assist clients in filing Rule 43 applications for interim maintenance and financial relief during the divorce process. 

 

For direct answers to your specific personal questions, please contact us directly.

 

How Benita Ardenbaum Attorneys Can Assist 

At Benita Ardenbaum Attorneys, we approach each case with personal attention, tailoring our strategies to meet the unique needs of our clients. With 30 years’ of experience handling divorce cases, we are well-equipped to represent your best interests in court or during divorce mediation. 

We take care of every aspect of the legal proceedings, from filing the necessary paperwork to attending court on your behalf. Our team will work tirelessly to ensure that your divorce is as smooth as possible, with the least amount of conflict and stress. 

If you have any questions or need specific assistance with your divorce, we invite you to contact us for a consultation. 

 

Why Choose Benita Ardenbaum Attorneys? 

Benita Ardenbaum Attorneys is a divorce law firm of highly skilled divorce attorneys with a reputation for success and client satisfaction. Our personalised approach sets us apart—we understand that every divorce is unique, and we are committed to achieving the best possible outcomes for our clients. 

With a compassionate, client-first approach, we guide you through the entire process, ensuring that your legal needs are met with professionalism and care. Our high success rate and dedication to excellence make us the best choice for divorce law in South Africa. 

Contact us today to find out how we can assist you in navigating your divorce with confidence and peace of mind.