Divorce Legal Services
Divorce is a stressful life event, and you need specialist divorce lawyers to successfully handle your case. Our divorce legal services take on a client-first approach which is why we are the best family divorce lawyers.
Why You Need Experienced Divorce Lawyers
You need experienced and top-rated divorce lawyers who understand the intricacies of family law. We’re considered the best divorce attorney firm because we seamlessly take care of all proceedings with little stress for you. All divorce legal services are dealt with respect and recognition for you in order to secure a favourable outcome.
Specialist Divorce Lawyers: Benita Ardenbaum Attorneys
Benita Ardenbaum Attorneys are top-rated divorce lawyers committed to providing clients with expert advice for the best results. With over 10,000 court appearances, 8000 happy clients, 100 international cases and 100% commitment always, it’s easy to see why our company is regularly recognised as the best family divorce lawyer around. We’re also an all-female divorce lawyer team!
Divorce Services Offered by Benita Ardenbaum Attorneys
Our firm has a range of divorce legal services to suit your situation, including:
1. Hague Divorce Convention with International Divorce.
Applies to couples from different countries ending their marriage or obtaining a legal separation.
2. Divorce Mediation
This is to settle amicably without a courtroom and litigation costs. As experienced mediators, we make the mediation process uncomplicated and cost-effective.
3. International Divorce
Regardless of where you were married, if either you or your spouse reside in South Africa, a national court law has jurisdiction to hear your divorce.
4. Contested or Opposed Divorce
Divorce brings high emotion. Chat with us if you cannot agree with your spouse on how your marriage will be dissolved.
5. Uncontested or Unopposed Divorce
Getting divorced can be less painful if both parties agree on how the marriage will be dissolved in terms of proprietary, patrimony, maintenance, etc.
6. Spousal Maintenance
This may be ordered by a court for a specified period of time depending on certain factors. Our priority is to achieve a fair resolution without litigation.
7. Collaborative Law
We assist in resolving conflicts and making agreements to avoid litigation. Known as “good faith negotiations” spouses and their legal representatives enter into a written agreement.
Divorce Law
In South Africa both the High Court and the Regional Magistrate’s Court deal with divorce litigation. Both courts have similar procedures which need to be followed prior to a matter going to trial. Divorce proceedings are commenced when one of the parties serves a summons on the other party, setting out their claim, which can include, over and above a decree of divorce, things such as spousal maintenance, child maintenance, care of and contact with minor children, division of assets, etc.
Whilst we do our utmost, throughout proceedings, to make attempts to settle divorces through negotiation and mediation, where this is not possible, we will deal with the court processes and procedures on your behalf.
For direct answers to your specific personal questions, please contact us directly.
Divorce Papers
Divorce papers are the documents which are issued and served on your spouse in order to initiate the divorce proceedings. These papers are also referred to as the summons and particulars of claim.
Whether you are considering engaging in divorce mediation in the hope of reaching a settlement so that your divorce is uncontested, or whether you anticipate a contested divorce, the summons and particulars of claim will always need to be issued by the court and served on your spouse by the sheriff of the court so that the process of the divorce can begin.
The summons and particulars of claim details the following:
1. The details of both you and your spouse, including when, where and how you were married.
2. The reasons for the breakdown of the marriage.
3. Maintenance may be required (both spousal maintenance and child maintenance).
4. The residence and contact to be exercised in respect of any minor child/children.
5. The proprietary consequences of the divorce.
Once the summons and particulars of claim have been served on your spouse; they will have an opportunity to oppose the divorce should they not agree to the terms stipulated in the particulars of claim.
In the event of your spouse wanting to oppose the divorce action, for whatever reason, the process of filing further pleadings with their replies and own claims then begins, and with you also replying to their claims, with the end point being the trial.
Getting divorced
When parties intend on getting divorced from one another, it is not only the issue of maintenance and contact with children that need to be dealt with. Parties also need to deal with the financial implications of dissolving the marriage.
Dealing with the proprietary consequences of a divorce refers to dealing with, amongst other things, immovable property, general assets including household items, motor vehicles, pensions and retirement annuities, business interests and debts.
The matrimonial property regime which is applicable to your marriage will determine how the proprietary issues of the divorce must be dealt with in the event of there being no agreement between you and your spouse on this.
Parties to a divorce action have contractual freedom to either apply the matrimonial property regime, alternatively to apply the terms of a settlement agreement that they might find better suited to their circumstances or more pragmatic, in order to finalise the financial issues involved. Any agreement which may be entered into will then, insofar as may be permitted by the Court dealing with the divorce, be incorporated into the final Divorce Order.
Where parties cannot agree on how these issues are to be dealt with, the Court will adjudicate on these matters at trial.
For direct answers to your specific personal questions, please contact us directly.