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Divorce Law
Contested/Opposed Divorce
A divorce is contested when the parties cannot reach agreement regarding the division of assets, the primary care (custody) of the children, and the amount of maintenance for the children and/or spouse. In this case, the court will be requested to decide on how to deal with the issues in dispute at the trial. A contested divorce may take anywhere from a few months to a few years to conclude. The costs of contested divorces are variable, time based and dependent on the conduct of the parties.
Uncontested/Unopposed Divorce
Many couples come to us and request a quote for a so- called uncontested divorce. When we then start asking questions it comes to light that the matter is very far from uncontested as the parties have not discussed many aspects. Uncontested goes far deeper than undefended and the following aspects need to be agreed on, amongst other things:
- Access to the children by the non-custodian parent and how this will be exercised
- Maintenance payable for the children and how this is determined
- Who will pay for tertiary studies
- Decision making in respect of the children
- The full details of their pension funds and whether policies are in fact policies with value or funeral policies
- What debt there is and how that will be paid and by whom
- What will happen to for example the house- who will pay the bond after date of divorce and what will happen until the house is transferred or sold
- The values of assets versus what is owed on them
- Who will pay the legal costs
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