The subject of divorce is not one that comes up lightly, and usually follows a period of consideration from either one or both spouses. Emotionally and financially, the effects of divorce can take their toll on a family; however there are ways to make the divorce process less strenuous and costly. At Kim Armfield & Associates, we provide our Cape Town based clients with effective and devoted Family Law services.
In South Africa, divorce proceedings have the potential to run smoothly if a couple can agree on various matters upfront, which include subjects that are addressed in a divorce settlement, such as asset repossession, child custody, child maintenance and parenting plans. Our Kim Armfield & Associates attorneys are well equipped with the extensive knowledge and experience required to successfully mediate or oversee both contested and uncontested divorce cases. Our mediation services have assisted many clients that form part of our portfolio, providing the most straightforward and cost effective approach to a divorce settlement and settling seemingly impossible matters without the need for court appearances that cause far too much stress.
The first official step to proceeding with a divorce is to have a summons served to your spouse. A divorce summons initiates the divorce proceedings and needs to be personally delivered by the sheriff of the court to the defendant, after which the defendant will have 10 working days to oppose the matter. Many factors will need to be considered and finalised during your divorce proceedings, which is where Kim Armfield & Associates step in to provide guidance and ensure you are on the right track.
A divorce can be a simple process if both you and your spouse cooperate in the dissolution of your marriage, as well as agree to the various factors outlined in your divorce settlement – this is known as an uncontested divorce, which can be finalised in as little as 4 weeks. Uncontested divorces are usually more affordable and less stressful for all involved, and can also be achieved through the support of a mediator. In cases where a divorce is contested, also known as an acrimonious divorce for the tendency to bring up bad feelings and entice arguments, both parties are unable to agree on the terms of their divorce such as child custody or division of assets – this can often take years to resolve and could end up in court, while also being a more expensive route for both parties.
It is important to note that your divorce settlement, as a legal separation process, will be affected by your marriage agreement, and as such you will need to present your marriage certificate and South African Identity Document in order to get a summons. If you have married in community of property, you are your partners assets (including the profits of selling your marital home) will need to be divided equally, which can cause strain during a divorce.
At Km Armfield & Associates, we provide a reliable and dedicated service to clients seeking to proceed with divorce in Cape Town. We will work closely with each client to determine the best approach, with the objective being to attain the most straightforward and uncomplicated divorce process available. We welcome you to contact us with any questions you may have concerning your impending divorce proceedings.