How much will a divorce cost you?
In South Africa, the divorce process is relatively straightforward. Normally lodged in the High Court, parties normally have to wait a long time for their divorce matter to go to trial when their divorce is contested. If a divorce is uncontested, this process is likely to take longer.
There are generally two types of divorces:
Uncontested, which may be settled within four weeks or a contested divorce, which may take two to three years to be resolved.
The marriage regime of the parties determines how the assets will be divided upon dissolution of the marriage. So the question of how much a divorce will cost you is largely dependent on your marriage contract type as well as any special considerations you may have agreed upon.
In South Africa, if a couple is married without an antenuptial contract, they are automatically married in community of property. This form of marriage means that couples have a joint estate, whereby everything is shared. Couples have joint responsibility for debts and liabilities incurred.
How much will a divorce cost you?
An antenuptial contract serves to clarify the property ownership rights of each individual prior to being legally married. Having an antenuptial contract comes highly recommended by many legal experts as it generally helps to provide individuals with foresight before marriage. Parties have the opportunity to specify whether they want the accrual system to apply or not. If no indication is given, this system will apply, so any assets accumulated throughout the course of the marriage will be shared in the event of a divorce.
Where there are substantial assets, retirement annuities or pension funds, it’s advisable to seek the assistance of an attorney with family law experience.
Mediation will work for you if you wish to save money in terms of a contested divorce.
Contested divorce process consists of pleadings, setting of a trial date, discovery of documents, further discovery, a pre-trial conference, the trial and judgement.
If you are asking how much a divorce will cost you, keep in mind that divorce costs are generally awarded to the successful party but a court may apportion the costs of the proceedings between the parties.