DIY divorces are concluded without the help of an attorney. However, this process will only be recommended if all the following is true to your divorce:
1. it is uncontested;
2. it is not complicated, specifically in relation to the division of assets;
3. the parties don’t have substantial assets to divide;
4. there are no disputes regarding; custody, contact and maintenance of any children;
5. Spousal maintenance.
Regional and family courts provide free assistance to enable members of the public to conclude their divorces, but in the majority of cases, the process is very laborious and time-consuming leading to frustration and long delays.
An uncontested divorce can be finalised in a matter of weeks depending on the availability of a hearing date on the court roll. Only the plaintiff will give evidence and conclude the divorce before a magistrate, it is therefore not necessary for both parties to attend court in the event of an uncontested divorce.
When minor children are involved a parenting plan must be included into the settlement agreement or separately and this plan must be endorsed by the Family Advocate, for this reason, we recommend when children are involved that you employ the services of a family attorney. We also recommend where there are substantial assets, retirement annuities or pension funds, it is advisable to seek the assistance of an attorney as the relevant legislation in terms thereof require that the settlement agreement be worded specifically otherwise it will not be binding on the pension fund.
Going back to court to rectify mistakes in a settlement agreement can become a rather costly exercise.
Naude Attorneys offer a Semi DIY Divorce in terms of which we could assist to various degrees. Usually, clients do not have time for the admin at court or only require an expert to peruse the settlement agreement to ensure that it is binding and legal.
Please feel free to contact Xander Naudé from Naude Attorneys if you require assistance in this regard - email: xander@naudelaw.com
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