Introduction

A divorce is a stressful and traumatic experience. Once you have made the decision to divorce your spouse, most people want the divorce to get over and done with as speedily and stress-free as possible.

Once you have made up your mind to divorce your spouse, it is of the utmost importance to obtain the services of a specialised Divorce Attorney to ensure that your financial and other interests are taken care of and protected at all times.

When going through a divorce, emotions run high and it is very difficult to remain objective in such an acrimonious situation without the objective, calm and strategic guidance of a specialist Divorce Attorney.

At RBA Attorneys, we endeavour to provide you with a personalised legal experience, by providing you with all the necessary information so that you understand your rights and we seek to getting your divorce finalised as speedily and stress-free as possible whilst ensuring that your financial and other interests are protected at all times.

The first step in your divorce is to arrange for a consultation at our offices, either telephonically or via mail. At our first consultation we will obtain clarity regarding your matter by obtaining all the relevant information necessary and we will also advise you what documentation is required by us. We will firstly attempt to arrange a divorce on an unopposed basis. If you are initiating proceedings we will arrange for a Summons to be served upon your spouse in order to get the process going. We shall also draft a Settlement Agreement in accordance with your instructions in which you and your spouse will agree on matters such as division of assets, payment of maintenance, custody of and access to children and payment of the costs of proceedings. Once you have approved the Settlement Agreement, it will be sent to your spouse for consideration. Your spouse can then make a decision whether or not to defend the Summons that was served upon him/her, alternatively if your spouse is happy with the terms and conditions contained in the Settlement Agreement, can attend to the signature thereof whereafter we will collect the Agreement duly signed by both parties and the matter can then be enrolled for hearing on an unopposed basis. This means that a representative of our office and yourself, as Plaintiff, will obtain a Court date when we shall obtain a Decree of Divorce and arrange for the Settlement Agreement to be made an Order of Court.

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When facilitating a Settlement Agreement, our focus is on the following:

  • If there are children born from the marriage, it is important to note that Section 22(2) of the Constitution prescribes that a child’s best interests are of paramount importance in any matter concerning the child and we believe that the children’s interests should receive priority above personal disagreements. In this regard, we will facilitate agreement pertaining to parental responsibilities and rights in respect of the minor children, i.e. facilitate to whom their primary residence and care of the minor children will be awarded and make the necessary arrangements in the agreement pertaining to contact with the minor children which can include weekly contact, reasonable telephonic contact and school holidays. We will also assist in calculating what maintenance will be reasonable to be paid in the circumstances and apart from maintenance per child, we will facilitate arrangements pertaining to payment of school fees, educational expenses relating to the children’s secondary education including school books and extra mural activities as well as arrangements pertaining to medical expenses;
  • Division of moveable assets;
  • Division of pension funds and policies;
  • Division of the fixed assets;
  • Arrangements with regard to debt accumulated during the marriage;
  • Personal maintenance for any of the parties
  • Anything else on which the parties wish to settle.

In the event that an unopposed divorce cannot be facilitated, we will aggressively represent your clients in order to protect your rights in an opposed divorce where the aspects mentioned above are addressed.