During discreet personal or remote consultations, information is gathered by the attorney to analyse and assess the unique circumstances of a client.
Before any proceedings are instituted, the attorney establishes the likelihood of a settlement. If one is indeed likely, constructive negotiations are initiated.
Based on an analysis of the available information, the divorce attorney formulates appropriate divorce strategies and tactics to achieve the desired outcome.
While no effort is spared in securing the best prospects for clients, the best divorce lawyers will always be mindful of the disruption of sensitive social and other support structures.
The speed and efficiency with which a divorce is handled can not only reduce the cost of the process, but also minimize potential emotional damage often associated with divorce.
At Theuns Hurter Attorneys, we are well aware of the fact that a household’s wallet is split in two, and this is taken into consideration by our attorneys when charging for services.
The cost of a divorce is influenced by factors such as whether the divorce is opposed or unopposed, whether minor children are involved, where the parties reside, nationalities and so on. Depending on its complexity, an unopposed divorce could cost considerably less than an opposed divorce. Even though it may be uncontested, a properly drawn up settlement agreement can determine the outcome of a divorce in both the short- and long term.
For a contested divorce, the cost could be considerably higher and even absorb an entire estate if allowed to go that far by the attorneys handling the matter. It is therefore vitally important to ensure that you obtain the services of a reputable divorce attorney who has all the necessary mediation, negotiation and litigation skills and, who also has your best interest at heart.
Divorce proceedings are instituted or defended, depending on the nature of the divorce. The complexity and accompanying cost of a divorce could be significantly influenced by factors such as:
In the event of divorce becoming inevitable, an unopposed divorce is the ideal scenario, This can potentially save the couple considerable amounts of time and money.
However, care should be taken to ensure that the mediation process is fair and unbiased and that a proper settlement agreement is in place to protect all the parties. If children are involved, it is advisable, even for uncontested divorces to consult a divorce professional, even if only for guidance.
In a nutshell, maintenance in this context refers to the financial support provided by one spouse to the other and/or children with regard to sustenance, housing, education, health care, or other needs considered necessary.
A lot can be, and has been, written on the subject of maintenance. It is, however, beyond the scope of this article to discuss the topic at length, so we will just mention a few aspects to highlight, once again, the need for professional guidance.
As part of the divorce process, your attorney will guide you through the numerous aspects of divorce maintenance, such as:
When minors are involved, the divorce process becomes considerably more complicated. It would be unwise to venture into this arena without an experienced attorney.
When the court decides on issues that involves a child, the best interest of the child takes precedence over other issues. Regardless of whatever arrangement a couple agrees upon amongst themselves,- in the final analysis -the court has sole discretion as to what it deems is in the child's best interest.
What is often broadly referred to as 'custody', is in fact a whole new book with many chapters that could include:
Hand holding throughout the divorce proceedings goes a long way towards making this period of time less painful and stressful for a divorcee, and often encourages and expedites recovery.
"Beware lest you lose the substance by grasping at the shadow."Aesop
"Life is like riding a bicycle. To keep your balance, you must keep moving." Albert Einstein
"When one door closes, another opens; but we often look so long and so regretfully upon the closed door that we do not see the one which has opened for us."Alexander Graham Bell
"The best thing about the future is that it comes one day at a time."Abraham Lincoln
Up until the Act was amended in August 2010 only a High Court could deal with divorce cases. Divorces can now be dealt with by a Regional Court, of which there are no fewer than 62 across South Africa.
ADVANTAGES OF THE AMENDMENT INCLUDE:
The splitting of a spouse's pension should not be taken for granted. Almost a third of divorce settlements that award a share of a fund member's retirement savings to a non-member spouse are rejected by retirement fund administrators for a variety of reasons.
These reasons, which serve as just another reminder of the level of expertise required by divorce attorneys, could include:
Our offices are conveniently situated next to the Gautrain station in Hatfield, Pretoria. They are easily accessible, and have secure parking.
NEXT TO GAUTRAIN | HATFIELD
Hilda Law Chambers
339 Hilda Street
Int Tel: +27-(0)12-342 0006
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