Divorce & Settlement

The decision of permanent separation from your spouse or partner is never pleasant when you have to think about difficulties such as:

  • How is the estate divided?
  • Who the children will be residing with?
  • What are your contact rights with the children?

Divorce should be fair, family first and future focused. Despite your best efforts, your personal life may have disintegrated to a point where you feel hopeless and helpless. You may struggle with your day-to-day demands because of this emotional roller-coaster that just doesn’t seem to stop. The anger and disappointment may cloud your better judgement. With Eileen Visser Attorneys on your side, we will help you get the best suitable divorce settlement during the divorce process to secure your future after the legal separation.

There are essentially three ways to get divorced in South Africa. The types of divorce procedure profoundly affect the practical matters of how long the divorce procedure will take and how much the procedure will cost. The three types of divorce include:

1. Uncontested (unopposed) divorce - This type of divorce is the best way and most cost effective. The parties agree on the terms and conditions of the divorce settlement. The terms and conditions of the separation are included in the settlement agreement, which is signed by both parties. This type of divorce can take between 2-4 months.

2. Mediated divorce - During mediation, both parties and their attorneys meet with a court-appointed third-party. This third-party, the “mediator,” assists the couple in negotiating a resolution to their divorce. Parties have the opportunity to discuss the issues, clear up any disagreements, and come to a compromise that is feasible for both. Mediation is typically less stressful and less expensive than a divorce trial, and it usually proceeds much faster.

3. Contested (opposed) divorce - When a divorce is opposed, the parties don’t agree on the terms and conditions of the separation or dissolution of the marriage. An opposed divorce is a lengthy and expensive process, which can take up to 3 years to finalize. The emotional burden is also evident in divorce matters which are opposed.

Divorce proceedings usually involve intense emotions and significant expense. Our dedicated attorneys can work with you throughout the divorce process to minimize the emotional strain and cost normally associated with these proceedings.

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Divorce is more than just the paper work.

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