Best Divorce & Separation Lawyers in South Africa

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Goodway & Buck Attorneys
Durban, South Africa

English
Goodway & Buck Attorneys, based in Durban, South Africa, offers a comprehensive range of legal services, including Road Accident Fund (RAF) claims, personal injury cases, commercial law, and family law matters. The firm is particularly noted for its expertise in assisting refugees and South African...
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Avir Maharaj Incorporated
Durban, South Africa

English
Avir Maharaj Incorporated, based in Durban, South Africa, offers a comprehensive range of legal services, including commercial law, criminal law, debt collection, divorce, litigation, property law, and wills and estates. The firm is committed to delivering high-quality legal solutions tailored to...
Richards Attorneys - Gansbaai
Gansbaai, South Africa

Founded in 2009
English
Richards Attorneys, established in 2009 by General Practice Attorney Nicolene Richards, offers comprehensive legal services to clients in the greater Gansbaai area. The firm specializes in drafting and vetting agreements, divorce law, maintenance, litigation, and the administration of deceased...
Lott Attorneys
Kloof, South Africa

English
Lott Attorneys is a distinguished law firm in South Africa, renowned for its comprehensive legal services and commitment to client success. The firm's team comprises seasoned professionals with extensive experience in various legal domains, ensuring clients receive expert guidance tailored to their...
Macgregor Erasmus Attorneys
Durban, South Africa

Founded in 2007
50 people in their team
English
Afrikaans
Macgregor Erasmus Attorneys Inc. is an innovative Law Firm that redefines the role that Lawyers ought to play by providing quick, pragmatic and robust legal solutions and representation which is bespoke to Multinational Corporations, Blue-chip companies, Large, Medium, Small, Micro-enterprises and...
Cape Town, South Africa

English
Webb Attorneys, located in Cape Town, South Africa, is a boutique law firm specializing in real estate law. The firm offers comprehensive services in residential transfers, sectional title developments, subdivisions, town planning matters, and private bonds. Additionally, they handle estate,...
Jeffreys Bay, South Africa

English
Tasso Antoniou Attorneys is a distinguished law firm in South Africa, offering comprehensive legal services across multiple practice areas. The firm's expertise encompasses administrative law, divorce and family law, elder law, labor relations, and civil litigation. With a team of seasoned...
Livingston Leandy Incorporated
Umhlanga, South Africa

English
Livingston Leandy Incorporated (LLI) is a distinguished South African law firm with a heritage spanning over 130 years. Formed through the 1989 merger of Livingston Doull & Winterton and Leandy & Partners, LLI has established itself as a trusted name in the KwaZulu-Natal legal landscape. Operating...
Siva Chetty & Company
Pietermaritzburg, South Africa

English
Siva Chetty & Company, established in 1986 by attorney Siva Chetty, has grown into a prominent law firm in Pietermaritzburg, South Africa. With nearly four decades of experience, the firm offers comprehensive legal services across various practice areas, including civil litigation, conveyancing,...
CEBO MATHENJWA INCORPORATED
Johannesburg, South Africa

Founded in 2021
English
Established in 2021, CEBO MATHENJWA INCORPORATED is a South African law firm dedicated to delivering professional and innovative legal solutions to a diverse clientele, including individuals, businesses, government departments, municipalities, and parastatals. The firm's mission emphasizes...
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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 South Africa:

Divorce & Separation in South Africa are governed by the Divorce Act of 1979, which outlines the legal process for ending a marriage or registered domestic partnership. This law covers issues such as division of property, child custody, maintenance, and other related matters.

Why You May Need a Lawyer:

You may need a lawyer for Divorce & Separation in South Africa if you are facing a contested divorce, complex financial issues, child custody disputes, or if you are unfamiliar with the legal process. A lawyer can help protect your rights, negotiate on your behalf, and ensure that your interests are represented in court.

Local Laws Overview:

In South Africa, divorce can be granted on the grounds of irretrievable breakdown of the marriage, which can be proven through adultery, abuse, or separation for a certain period. The courts will also consider the best interests of any children involved and strive to ensure a fair division of assets.

Frequently Asked Questions:

1. How long does a divorce take in South Africa?

The duration of a divorce can vary depending on the complexity of the case. Typically, an uncontested divorce can take as little as a few months, while a contested divorce may take longer.

2. How is property divided in a divorce?

In South Africa, property is typically divided based on the principles of equitable distribution. This means that assets acquired during the marriage are generally divided equally between the spouses, unless there are compelling reasons to deviate from this rule.

3. How is child custody decided in a divorce?

The court will consider the best interests of the child when deciding on custody and visitation arrangements. Factors such as the child's age, needs, and relationship with each parent will be taken into account.

4. Can I get a divorce without my spouse's consent?

Yes, you can file for divorce without your spouse's consent on the grounds of irretrievable breakdown of the marriage. However, the process may be more complicated and may require legal assistance.

5. Do I need to appear in court for a divorce?

While court appearances are typically required for contested divorces, uncontested divorces may be finalized without a court hearing, as long as all the necessary paperwork is in order.

6. Can I change my divorce settlement after it has been finalized?

It is possible to seek a modification of a divorce settlement if there has been a change in circumstances that warrants a revision. However, this process can be complex and may require legal assistance.

7. What are the grounds for annulment in South Africa?

An annulment is different from a divorce and involves declaring a marriage invalid from the outset. Grounds for annulment in South Africa include non-compliance with legal requirements, fraud, or duress.

8. Are prenuptial agreements recognized in South Africa?

Yes, prenuptial agreements are legally recognized in South Africa and can outline how assets will be divided in the event of a divorce. It is advisable to seek legal advice when drafting a prenuptial agreement.

9. How can I find a reputable divorce lawyer in South Africa?

You can start by asking for recommendations from friends, family, or other professionals. It is also advisable to research lawyers online, read reviews, and schedule consultations to find a lawyer who meets your needs.

10. What are the costs associated with hiring a divorce lawyer?

The costs of hiring a divorce lawyer in South Africa can vary depending on the complexity of the case and the lawyer's experience. It is important to discuss fees and payment options upfront to avoid any surprises.

Additional Resources:

For more information on Divorce & Separation in South Africa, you can visit the Department of Justice and Constitutional Development website or contact the Legal Aid South Africa for assistance with legal representation.

Next Steps:

If you are considering a divorce or separation in South Africa and need legal assistance, it is advisable to consult with a qualified divorce lawyer who can guide you through the process and protect your rights. Schedule a consultation to discuss your options and get the support you need during this challenging time.

Lawzana helps you find the best lawyers and law firms in South Africa 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 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.