Best Divorce & Separation Lawyers in Cape Town

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JMD ATTORNEYS

JMD ATTORNEYS

15 minutes Free Consultation
Cape Town, South Africa

Founded in 2012
10 people in their team
English
How we WorkJM De Villiers Attorney is a dynamic firm specialising in commercial law and criminal law with a track record of delivering practical solutions to the legal challenges that all our clientele face.We have an extended network of professionals that we work closely with, giving us access to...
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NORDIEN LAW
Cape Town, South Africa

Founded in 2014
10 people in their team
Afrikaans
English
ABOUT USNordien Law is a boutique law firm conveniently located in Milnerton along Cape Town’s scenic West Coast.We are passionate about what we do and offer peace of mind to every client through the delivery of optimum legal services.No client is too large or too small. Whether a...
VanderSpuy Cape Town
Cape Town, South Africa

Founded in 1995
English
VanderSpuy Cape Town stands as a beacon of legal excellence in South Africa, providing clients with comprehensive services across multiple legal domains. With a strong focus on conveyancing, their meticulous approach ensures smooth property transactions, seamlessly navigating the legal intricacies...
Claassen Attorneys Inc
Cape Town, South Africa

Founded in 2008
English
Claassen Attorneys Inc, located in South Africa, is a distinguished legal firm renowned for its exceptional service in multiple legal domains, including conveyancing, family law, and real estate. As a leading law firm, Claassen Attorneys Inc excels in navigating the complexities of legal...
STBB Cape Town
Cape Town, South Africa

Founded in 1901
English
STBB Cape Town is a distinguished law firm renowned for its comprehensive legal services and a legacy spanning over 120 years. The firm has established itself as a leader in property law and conveyancing, offering unparalleled expertise in retail and development property transactions. Their...
Elaine Jordaan Attorneys
Cape Town, South Africa

Founded in 2021
English
Elaine Jordaan Attorneys, based in Somerset West, South Africa, offers a comprehensive range of legal services tailored to meet the diverse needs of its clients. The firm's practice areas encompass divorce and family law, civil litigation, debt collection, contracts, deceased estates and wills,...
Abrahams & Gross
Cape Town, South Africa

Founded in 1935
50 people in their team
Afrikaans
English
WELCOME TO ABRAHAMS & GROSSYOUR LEGAL PROFESSIONALSLeading South African law firm located on Cape Town’s Foreshore. Founded 1935.We have been practising law under the iconic Table Mountain for over 80 years.We offer considerable expertise and experience in the following fields: Commercial...
England Slabbert Attorneys
Cape Town, South Africa

Founded in 2018
English
England Slabbert Attorneys Inc., based in Cape Town, South Africa, offers a comprehensive range of legal services, including commercial law, family law, litigation, property law, and trusts, wills, and estates. The firm is led by Managing Director Nicole Slabbert, a civil litigation attorney with...
Advocate Muhammad Abduroaf

Advocate Muhammad Abduroaf

15 minutes Free Consultation
Cape Town, South Africa

Founded in 2003
3 people in their team
English
Afrikaans
Advocate Muhammad Abduroaf is a registered firm with the Legal Practice Council of South Africa. It holds offices in Cape Town. However represents clients all over South Africa. If required, he would travel out to your province to attend to you matter. Advocate Muhammad Abduroaf is a Trust Account...
Bester & Lauwrens Attorneys
Cape Town, South Africa

English
Bester & Lauwrens Attorneys, located in Somerset West, South Africa, offers a comprehensive range of legal services tailored to meet the diverse needs of their clients. Their practice areas encompass Divorce & Family Law, Trusts, Wills & Estate Administration, and Conveyancing & Property Law. In...
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South Africa Divorce & Separation Legal Questions answered by Lawyers

Browse our 1 legal question about Divorce & Separation in South Africa and the lawyer answers, or ask your own questions for free.

What can I do to get my divorce settlement
Divorce & Separation
Family
Hello,I'm sorry to hear about your situation. If your divorce was finalized last November and you still haven’t received your settlement, it’s important to take legal steps without further delay. In most cases, the court's judgment or settlement agreement outlines a clear timeline for payment. If the other party is not complying, you may file an execution petition in the relevant family court to enforce the settlement.

About Divorce & Separation Law in Cape Town, South Africa

In South Africa, the Dissolution of Marriages Act 70 of 1979 governs divorces and separations. As such, the law in Cape Town aligns with this national legislation. The law understands divorce as the end of a marriage that has broken down irretrievably, with no hope of restoring a normal marital relationship. There are two types of divorces in South Africa: contested divorce, which is a prolonged process, and uncontested divorce, a faster and cheaper option where both parties are in agreement.

Why You May Need a Lawyer

A knowledgeable lawyer is essential in dealing with divorce and separation due to the legal complexity and high emotional stakes involved. When assets need to be distributed, child custody is in question or one party demands spousal support, disagreements can happen, potentially leading to a contested divorce. In such circumstances, an experienced lawyer can guide you throughout the process, offer advice while protecting your rights, and ensure your interests are well represented.

Local Laws Overview

The governing law in Cape Town places a spotlight on the "best interests of the child" when settling custody disputes. Furthermore, South Africa follows the "equitable distribution" model for property division meaning that assets acquired in marriage are divided fairly, but not necessarily equally. Spousal support, although not automatic, is determined based on factors like the couple's standard of living during the marriage, length of the marriage, contribution to the marriage and the earning capacity of each party.

Frequently Asked Questions

1. How long does a divorce take in Cape Town?

An uncontested divorce can take around 4 to 8 weeks. However, contested divorces can take much longer, potentially several months or even years.

2. Can a spouse prevent a divorce?

No, once one party has decided to end the marriage and can prove to the court that the marriage has irretrievably broken down, the divorce will proceed.

3. How is property divided?

Property division depends largely on the marital regime governing the marriage. South Africa recognizes three types of marital regimes: marriage in community of property, out of community of property with accrual, and out of community of property without accrual. The division of property is determined accordingly.

4. Who gets custody of the children?

The 'best interests of the child' is the paramount consideration in South Africa. The court will assess the circumstances thoroughly before deciding on which parent gets custody or whether joint custody would be in the child's interests.

5. Does Infidelity affect the divorce process?

No, South Africa operates under a 'no-fault' principle. This means the court is not interested in the reason for the divorce. Therefore, infidelity has no bearing on the divorce process or the terms of the divorce decree.

Additional Resources

The Family Advocate's Office can offer valuable guidance in matters concerning the welfare and best interest of minor children during a divorce. The Legal Aid Board South Africa offers free legal advice for those who cannot afford it. The Department of Justice and Constitutional Development also provides resources and services pertaining to divorces.

Next Steps

If you need assistance with a divorce or separation, the first step is to consult with a family law lawyer who specializes in divorce. You can do this by reaching out to the Cape Law Society or checking the South African Legal Practice Council directory. Compile a list of all your questions, financial documents, and relevant information about your marriage and present it to your lawyer during the first consultation.

Lawzana helps you find the best lawyers and law firms in Cape Town through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Divorce & Separation, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Cape Town, South Africa - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.