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How Family Law Attorneys Can Assist In Divorce Cases

Family law attorneys assist in divorce mediation, litigation, and separation cases. In addition, the lawyers assist with specific issues surrounding divorce including matrimonial property claims.

While happily married couples don’t think about who owns what, but once the marriage is dissolved, they have to go their separate ways and make a living. The properties shared during the marriage must be divided according the marriage contract stipulations.  The family law attorneys can assist in the process of dividing matrimonial property.

Type of Marriage Agreement

It can often be a complex case where the court must decide on the outcome based on the length of the marriage, misconduct of a party and circumstances. In the case where a couple married in community of property after 1 November 1994, and the marriage is dissolved, each partner keeps their assets. There are certain conditions which must also be considered best explained by family law attorneys.

In the case of a marriage out of community of property with accrual, the original net assets of each partner will be determined and the assets accrued together will be excluded from such. A specific formula is used to determine the division of matrimonial property, best advised by experienced attorneys.

Custody and Access Issues

One of the most sensitive aspects of a divorce is the right to custody. Visitation and access rights are closely related. The attorneys assist with the drafting of a parenting plan to ensure that the best interests of the children are upheld.

Partnerships other than Conventional Marriages

More often than not, couples decide to stay together and may do so for a long period. Whether the couple is of same sex or opposite sexes they may sign a life partnership agreement to protect their rights in case of the ending of such a relationship. Family law attorneys can also assist with the drawing up of such agreements and the subsequent dispute resolution should such agreements end.

Contact Details:
Contact Number:012 643 1882
Website: www.dutoitsattorney.co.za
E-mail: johan@dutoitsattorneys.co.za

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How The Divorce Act In South Africa Has Changed Over The Years

In the past there were only two real grounds for divorce – adultery and desertion. In 1935 however, two new grounds were added to the Divorce Act in South Africa and these were for 7 years of insanity and 5 years of imprisonment due to continual criminal behaviour. Things have changed substantially since then and the Divorce Act was once again revised in 1979 to include only irretrievable breakdown of marriage, and insanity or the persistent state of a coma of one of the spouses. Although adultery or desertion may lead to the irretrievable breakdown of marriage, these on their own are no longer considered grounds for divorce.

However, adultery or desertion can still be used as a means to prevent the offender of gaining any financial benefit from the marriage according to the Divorce Act in South Africa. In these cases, divorce mediation may not be enough to settle the matter and the court system will make a decision on the matter. It is important to note that the alleged adulterer or deserter must be proven guilty by the court before benefit from the union can be removed from them.

Additionally, you need to be aware that if the other spouse in any way aided or drove the adulterer or deserter to their actions, the determination will lower or even negate the amount to the accusing party. This will also howe4ver have to be proven in court and can be quite difficult to establish. It is best to find legal advice and assistance if you are filing for divorce where adultery or desertion were key factors in the irretrievable breakdown of the marriage.

To find out more about the Divorce Act in South Africa and how the changes over the years can affect your grounds for divorce, you can simply contact us.

Contact Details:

Website:
http://www.riette-oosthuizen-attorneys.co.za/
Tel: 012 460 6359
Fax: 012 460 9719

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Divorce Lawyers, Divorce Counselling Services and Divorce Attorney

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High Court Appeals From An Attorney In South Africa

Did you know that a lawyer cannot represent you legally in the high court? You will require the services of an attorney in South Africa when your legal case cannot be resolved in Magistrates court by a lawyer. The court system works on an appeal basis.

This means that should you not agree with the judgement delivered in a Magistrates court, you can appeal to the high court to hear your argument. Not all appeals will be heard by a judge of the high court so you should always get the advice of an attorney before taking this expensive route.

To get advice from an attorney in South Africa to find out whether it is worth your while to appeal to the high court to resolve your legal issues, you can contact us.

Contact Details:

Website:
http://www.riette-oosthuizen-attorneys.co.za/
Tel: 012 460 6359
Fax: 012 460 9719

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Divorce Lawyers, Divorce Counselling Services and Divorce Attorney

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Understanding The Divorce Act In South Africa

Your divorce attorney must be up to date with all the procedures for the dissolution of a marriage as laid out in the Divorce Act of South Africa. There are certain sectors of the Divorce Act that the attorney needs to adhere to ensure that you receive the best services while there are other sections that deal with the factors that you need to see to before instituting divorce proceedings. Although your attorney will have knowledge on both these sections of the divorce act, it may be a good idea to brush up on the Divorce Act before approaching an attorney for his or her services.

Be aware of what the different sections of the Divorce Act in South Africa mean and how they can affect the outcome of your divorce proceedings simply by contacting us.

Contact Details:

Website:
http://www.divorce-south-africa.co.za
Email : info@niselowlaw.co.za
Tel: 011 656 9006
Fax: 086 511 6575

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Divorce Johannesburg Lawyers Provide Tips On Proceedings

The Niselow lawyers specialising in divorce Johannesburg and Pretoria cases regularly assist clients with legal advice to help them avoid divorce Johannesburg traps. One such a tip is that you should assume that everything you say during a divorce goes on record. As such be careful of what you are saying and doing, especially because emotions can run high during such a traumatic experience. Note that during the proceedings outside the court that you may not record any conversations in which you are not involved. Recording of a conversation should be done with the other party’s knowledge. As such also always ask whether the talks are recorded.

Contact Details:
Contact Number:
011 656 9006
Fax Number:
086 511 6575
Email:
info@niselowlaw.co.za
Website:
http://www.niselowlaw.co.za/

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Divorce Counselling in Johannesburg, Divorce Mediation and Marriage Contracts

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