It’s only when both Spouses are in absolute agreement, not only about getting divorced but also all the other details that will be affected by the divorce, that you can say with complete confidence that it is an Unopposed Divorce.
The Rest of Your Life
A divorce will affect the rest of your lives. It will cause decisions to be made about the futures of your children – and yourselves:
Who gets Primary Residence (Custody) of the children
Who has Contact (Access)
Who pays how much maintenance for the children and for how long
A parenting plan – who has the children when and on which days and holidays, etc
Who receives what of the division of assets – if that’s appropriate
...and many other details that two angry and overly emotional Spouses cannot think of or anticipate for
On the Cheap
Some Attorneys ask for a fixed fee for an Unopposed Divorce. These fees can be quite low – say, between R5000 and R8000. They will often act for both Spouses. However, the Attorneys will merely assist the parties to get a divorce. The Attorney will not investigate and confirm the facts behind the divorce. It is therefore quite possible for one of the Spouses to hide assets from the other Spouse.
Perhaps both Spouses reach an agreement on all matters regarding the Minor Children, Maintenance, Division of Assets and so on. Then it emerges that one of the Spouses has been dishonest by not revealing all their assets. It often happens that there is another bank account, or a large bonus, perhaps a pension, other funds, or property that was concealed. What then? The divorce might have continued and been granted because you felt it would cost too much money and time to trace the evidence and prove the hidden assets. Unfortunately, decisions to have a quick and cheap divorce and not spend money on tracing such evidence will cost you more in the future when you don’t have the benefit of your share of these hidden assets.
A Divorce Will Still Happen
If a divorce is ‘on the cards’, then it will happen. The Law doesn’t insist on two people remaining in a marriage if one of them wants to be released from the union. So usually, a divorce will be granted – regardless of the other Spouse’s reluctance, denial or delaying tactics. That’s why it makes so much sense to turn to Specialist Divorce and Family Law Attorneys to handle all the details for you.
If you are facing divorce then call us for a consultation when we can listen to you about your situation and explain your legal options. Call us on 011 875-4311 or book a consultation on our website.