Best Divorce & Separation Lawyers in Pretoria

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Barnard

Barnard

Pretoria, South Africa

Founded in 1998
200 people in their team
Afrikaans
English
About BarnardBarnard Incorporated is a leading and full-service commercial law firm based in Pretoria, South Africa. We provide a comprehensive range of legal services, including corporate and commercial law, property law, commercial litigation, mediation, insurance, wealth protection and family...
Elliott Attorneys

Elliott Attorneys

15 minutes Free Consultation
Pretoria, South Africa

Founded in 2018
8 people in their team
English
We are a constantly adapting law firm, practicing law with exceptional standards, despite the continual changes to our South African legal system.We believe that the Constitution, and your rights, are synonymous with every legal matter, and accordingly strive to protect your interests, no matter...
Martin Vermaak Attorneys Umhlanga

Martin Vermaak Attorneys Umhlanga

Pretoria, South Africa

Founded in 2020
100 people in their team
English
Afrikaans
Preparation is key to making the most of your case evaluation. While the meeting will naturally focus on your legal dispute, take some time beforehand to envision the future you want to create. What are your goals? What do you hope to achieve? Having a clear vision of your desired outcome can help...
Kamfer Attorneys

Kamfer Attorneys

Pretoria, South Africa

Founded in 2019
English
Kamfer Attorneys, located in Pretoria, South Africa, is a distinguished law firm offering comprehensive legal services across various practice areas. The firm's expertise encompasses family law, including divorce proceedings, where they provide compassionate and strategic guidance to clients...
Sambo and Makgabutlane Attorneys

Sambo and Makgabutlane Attorneys

Pretoria, South Africa

English
Sambo and Makgabutlane Attorneys, based in Pretoria North, South Africa, is a dynamic law firm dedicated to delivering exceptional legal services. The firm specializes in various areas of law, including Family Law, Labour Law, Statutory and Regulatory Compliance, Commercial and Contract Law,...
MA Malan Attorneys

MA Malan Attorneys

Pretoria, South Africa

Founded in 2008
50 people in their team
Afrikaans
English
Why Use Us?MA Malan Attorneys is a professional, reliable and well-established law firm providing specialised services related to South African Immigration and Marriage / Family Law at very competitive rates.Our team of professionals consist of attorneys, notaries, conveyancers, marriage officers...
Motala Attorneys Pretoria North

Motala Attorneys Pretoria North

Pretoria, South Africa

Founded in 2015
English
Motala Attorneys Pretoria North, established in August 2015 by founding director Mr. Thomas Motale, offers comprehensive legal services across multiple practice areas. Mr. Motale's background includes tenure at the National Prosecuting Authority of South Africa from 2005 to 2010, where he advanced...
Wessels + van Zyl Inc

Wessels + van Zyl Inc

Pretoria, South Africa

Founded in 1998
English
Wessels + van Zyl Inc is a distinguished South African law firm with offices in Pretoria and Cape Town, offering a comprehensive range of legal services. Established in 1998, the firm has built a reputation for excellence in areas such as conveyancing, commercial law, estate planning, and...
Molefe Roux Incorporated

Molefe Roux Incorporated

Pretoria, South Africa

English
Molefe Roux Incorporated, located in Pretoria, South Africa, offers a comprehensive range of legal services, including conveyancing, notarial services, family law, litigation, administration of estates, and commercial law. The firm's commitment to excellence is encapsulated in their motto, "Our...
Hamel Attorneys

Hamel Attorneys

Pretoria, South Africa

English
Hamel Attorneys, located in the heart of South Africa, is a prestigious law firm renowned for its comprehensive legal services and deep expertise across a wide range of practice areas. Specializing in bankruptcy, criminal justice, estate planning, family law, and labor relations among others, the...
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About Divorce & Separation Law in Pretoria, South Africa

Divorce and separation laws in Pretoria, South Africa, are designed to provide a clear framework for the ending of marital relationships. These laws govern the division of assets, custody arrangements for any children, and the process of legal separation. The law mainly focuses on ensuring a fair and just process for both parties, taking into account the welfare of any children involved. The primary legal act overseeing these proceedings is the Divorce Act, which has been amended to meet modern societal standards and needs.

Why You May Need a Lawyer

Divorce and separation can be emotionally taxing and legally complex. Individuals often seek legal assistance for several reasons:

- To understand their rights regarding asset distribution and custody. - To navigate the legal procedures and ensure all required documents are correctly filed. - To mediate disputes and reach amicable settlements, avoiding prolonged court battles. - To protect their interests in cases involving allegations of neglect, abuse, or infidelity. - To receive guidance in unique situations such as international divorces or cases where one party is unlocatable.

Local Laws Overview

The divorce and separation laws in South Africa are primarily governed by the Divorce Act, which outlines the grounds for divorce as well as procedures for annulments. The key aspects include:

- Grounds for Divorce: Irretrievable breakdown of the marriage, mental illness, and continuous unconsciousness of a spouse. - Property and Asset Division: Based on the marital regime (in community of property, out of community of property, with or without accrual system). - Child Custody and Maintenance: Determined based on the children's best interests, with maintenance obligations enforced by maintenance courts. - Mediation and Settlement: Encouraged to minimize conflict and resolve disputes amicably.

Frequently Asked Questions

What are the grounds for divorce in Pretoria?

The main grounds for divorce include the irretrievable breakdown of the marriage, mental illness, and continuous unconsciousness of a partner.

How long does it take to get a divorce in Pretoria?

The duration can vary, but an uncontested divorce may take 4-6 weeks, while a contested divorce can take several months to years.

How is property divided in a divorce?

Property division is dependent on the marital regime chosen when the marriage was entered into. It could be in community of property or out of community of property with or without accrual.

Who gets custody of the children?

Custody is determined based on the child's best interests. Courts often grant joint custody unless circumstances indicate otherwise.

Do I need to go to court for a divorce?

If the divorce is uncontested, you may need to appear in court minimally. However, contested divorces typically require court proceedings.

Can I get alimony or spousal support?

Spousal maintenance is not automatic and depends on factors such as the length of the marriage and each party’s financial situation.

What if my spouse refuses to sign divorce papers?

A divorce can still proceed if one spouse refuses to sign. The initiating spouse would need to ask the court to intervene.

Is mediation required?

While not mandatory, mediation is encouraged to resolve disputes amicably and reduce the emotional and financial cost of divorce.

Can we change child custody arrangements after divorce?

Yes, custody arrangements can be changed if it is in the best interest of the child and the court approves the modification.

What happens to our debts after divorce?

Debts are divided according to the same principles as assets, considering the marital regime.

Additional Resources

For further assistance, consider reaching out to the following resources:

- Family Advocates: Offer mediation and guidance on child custody matters. - South African Law Society: Provides a directory of family law attorneys. - Department of Justice and Constitutional Development: Offers detailed information on legal procedures regarding divorce. - Women's Legal Centre: Provides support specifically focused on women's rights in family law.

Next Steps

If you require legal assistance, consider the following steps:

- Consult a Lawyer: Engage a lawyer who specializes in family law and is familiar with local Pretoria laws. - Document Preparation: Gather all necessary documents related to financials, marriage certificates, and any previous agreements. - Consider Mediation: Explore mediation as a first step to resolve disputes amicably. - Understand Your Rights: Educate yourself on your rights and obligations under South African law.

Lawzana helps you find the best lawyers and law firms in Pretoria 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 Pretoria, 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.