Family Advocate Durban

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Affordable divorce lawyers in Durban

Divorce is not just about the paperwork.

Fairness, family first, and future-focused should be the goal of divorcing. Your personal life might have fallen apart despite your best efforts. You may feel defeated and deflated by the behavior of your partner and the countless fights.

This emotional rollercoaster ride that never seems to end can cause you to struggle with your daily tasks. Anger and disappointment can cloud your judgment. We are affordable divorce lawyers in Durban who can help you.

Divorce Agreement Guidelines

Divorce agreements allow spouses to end their marriage and start a new life in a happy and fulfilled way.

They establish guiding factors, such as the type of marriage and the details of any antenuptial contracts entered into before marriage, and then confirm the divorce settlement.

  • Maintenance payments for a spouse or children
  • Guardianship, custody, and access to the children
  • Division of assets, including the home
  • Plans and arrangements for medical aid, retirement plans, and other pertinent matters

It can also serve as a guideline for other important issues, such as how they will split or continue operating a business that they both own. The agreement allows the couple to define clearly how they will structure, divide and manage their lives in the future.

Different types of South African divorce

There are three main ways to divorce in South Africa. How long and how expensive the divorce process will take will depend on the type of divorce proceeding.

These are the three types of divorcing:

  • Divorce without a dispute
  • Mediated divorce
  • Contested divorce

Divorce with children

Complex relationships with spouses require a professional divorce attorney. We can help you negotiate the divorce and ensure that the child has the best possible care and contact rights.

You might feel anxious and disillusioned if you consider consulting a divorce lawyer. However, to avoid your children getting caught up in the middle, you must act quickly.

You and your family must have a reasonable level of maintenance to ensure healthy closure.

Maintenance of children

South African law gives children the right to financial support. However, both spouses, married or not, must provide financial aid to a child.

Maintenance amounts must be agreed upon and finalized following the Maintenance Act 99 (1998) and the Children’s Act 38 ((2005). Parents are required to provide for their children’s education. The amount each earns will determine how much they receive.

The primary caregiver’s monthly income and cost of care are the basis of the paid amount. In addition, court orders can issue maintenance orders. It is a crime to fail to comply with these obligations.

Divorce grounds

There are only three grounds to divorce in South Africa, and two of them are extremely rare.

  1. The irretrievable end of the marriage

The relationship is no longer possible to restore. According to the Divorce Act 70 (1979), certain circumstances can be considered irreversible damage to a marriage.

  • Separation for at least one more year
  • Adultery is not grounds for divorce, contrary to some beliefs and historical precedents. A third party cannot be sued for “alienation of affection”. Adultery can be why one spouse feels there is no chance of reconciliation, and the marriage is irretrievably ended.
  • The defendant is currently in jail for multiple offenses or serving time for them.
  1. 2. Mental illness
  2. Constant unconsciousness for at least six months

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