Divorce rates have been increasing year on year in South Africa, meaning that even the happiest marriage can take a turn for the worse. Having a divorce lawyer worth their weight in gold is all the more important these days. Navigating the divorce process is a complex legal journey that requires proper support and guidance.
Our family law department at Schoeman Borman Inc. assists clients with every step of the divorce process, from drafting initial court documents to finalising settlement agreements.
Understanding the Divorce Process in South Africa
All divorce proceedings in South Africa must be handled through a competent court. This includes civil and customary marriages, which are governed by the Recognition of Customary Marriages Act of 1998. Even if a marriage was entered in accordance with traditional customs, it cannot be legally terminated without a court order.
This requirement ensures that family law matters, such as parental responsibilities and rights, division of estate and property, and child or spousal maintenance, are resolved fairly and in the best interest of all parties involved.
Core Legal Actions by Divorce Lawyers
1. Divorce Summons and Counterclaims
The legal journey starts when a divorce attorney issues a divorce summons on behalf of the client, being the plaintiff. This outlines the reasons for the divorce and the related claims. The responding spouse or rather the defendant, if the divorce is defended, may issue a counterclaim, raising matters like child care and contact, child maintenance, spousal maintenance, division of the estate and legal fees.
Our attorneys ensure these documents are precise and fully compliant with family law requirements.
2. Marital Regimes
The marriage regime plays a role in any divorce action, and it is therefore important to consider drafting an antenuptial contract to ensure that should a divorce arise, effect can be given to the antenuptial contract.
Spouses married in community of property usually seek a 50 / 50 division in either the summons and/or the counterclaim. There are instances where a spouse can seek an order that the other spouse forfeits the benefits to be received.
In other instances, parties marry out of community of property with the accrual system. These marriages on dissolution of the marriage, require careful determination of each spouse’s estate to determine the difference in accrual and apply the formula.
In other instances, notably where an antenuptial contract excludes accrual, a spouse may apply under section 7(3) of the Divorce Act for a redistribution of assets. The High Court may grant such an order where one spouse significantly contributed to the estate despite having married out of community of property, excluding the accrual.
This is often seen in marriages where one party supported the household while the other built up wealth. A well-crafted legal argument is crucial to achieving a fair outcome.
3. Maintenance for Spouse and Children
Divorce lawyers frequently handle claims for both spousal maintenance and child maintenance. The court considers income, living costs, and the specific needs of the children when determining these payments. Children have constitutional rights to be maintained by both parents, whereas a spouse does not have a constitutional right and the entitlement to spousal maintenance must be proved in Court. We help our clients prepare realistic, legally supported maintenance claims.
4. Parenting Plans and Parental Rights
Parenting plans formalise issues of care and contact. These documents outline how the parents will manage shared responsibilities, such as daily care, school arrangements, and holiday schedules.
Courts only finalise divorces once they are satisfied that the children’s needs are met. Our family law department helps draft practical agreements that protect parental rights and reflect each family’s unique circumstances.
5. Applications for Protection Orders
In situations involving domestic violence, we support clients in applying for protection orders. These court orders offer immediate safety to at-risk family members and often become part of the broader divorce proceedings.
Why Legal Assistance Matters
Having the proper legal assistance during a divorce can affect everything from financial outcomes to the exercise of parenting rights. At Schoeman Borman Inc., our divorce lawyers offer comprehensive support during this challenging time, helping you understand your rights and fulfil your obligations.
Our services include:
- Uncontested divorce
- Child care, contact and maintenance claims
- Spousal maintenance disputes
- Estate division
- Guidance on customary marriages and partnerships (i.e. persons cohabiting but not married)
Our legal team is committed to helping each client achieve the best possible outcome, informed by years of experience and a deep understanding of family law in South Africa.
Speak to Trusted Divorce Lawyers in South Africa
We assist clients across all family matters with strategic guidance, legal clarity, and real support.
Let us help you move forward with confidence. Contact us to book a consultation with our family law department today for clear legal aid tailored to your situation.