annali-erasmus

Divorce Matters

WHEN THINGS FALL APART


Life is about relationships, and more than often relationships fall apart. We offer expert legal assistance in navigating the dissolution of your relationships with you. Divorces are often by agreement between the parties and we assist them in reaching their own agreement through the process of mediation.


Many divorces are simple and easy - here we offer a self-help solution to you with the necessary guidance and templates of documents that you can complete on your own at your own pace and at a reduced fee. This is only applicable where there are hardly any assets to divide, and where parties have reached total agreement on all aspects of their divorce.


Litigation is expensive and as such you need to limit your costs as far as you can.We guide you to ensure that your costs are limited and that the matter is settled instead of drawn out over many months. 




Post Divorce Amendments

Amending Divorce Agreements

Any agreement can be amended. Parties to a divorce matter can change their decree of divorce after the fact if they both agree and if the agreement is reduced in writing. Normal amendments usually include rights of contact with children, division of the movables between parties, specified debt payment agreements, claims regarding pension funds, or the appointment of a liquidator to divide a joint estate if the parties cannot reach an agreement. Especially arrangements relating to primary care of children or rights of contact often end up being contained in amended Decrees of divorce. 

Enforcing COURT ORDERS 

MAKING HIM OR HER PAY 

We often encounter parties who think that they are above the law and who ignore court orders and simply carry on as if nothing happened. There are many legal remedies available to you through which you are able to enforce the court order that you have obtained. These include the attachment of your spouse's Pension Fund, the attachment of his or her salary, or even incarceration. We will gladly assist you in ensuring that you receive what is rightfully yours. The enforcement can be through the court where you had obtained the order in the first place or through the maintenance court if the order relates to unpaid maintenance for you or your children.Help is at hand

Pension Funds

Pension Funds and investments/ Retirement Annuities

Your pension fund, investments and retirement annuities all  form part of your estate. If you are married in community of property, or with the accrual , and your pension fund wasn't expressly excluded in your antenuptial contract, your pension fund forms part of your estate.Upon dissolution of your marriage your spouse can claim half of your pension fund regardless of whether you had already contributed to the fund from before your actual date of marriage. We assist you to claim your rightful half share of your spouse's pension fund and we ensure that these funds are paid over into your chosen bank account once the divorce has been finalised. 



Seperation Agreements

When you need to move on 

We are often approached to assist parties with going their seperate ways.Issues like the division of assets, repayment of expenses,even access to pets are then regulated to an agreement between them.This type of agreement often gets referred to mediation which is much more cost effective than litigation.

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Uitenhage Branch

Contact Us

Address:

39 Baird Street

Uitenhage

South Africa

 

Contact Information: 

Tel:   (041) 992-5550
Fax:  (041) 992-5551

Email:  info@aeinc.co.za

PE Branch

Contact Us

Address:

7 Bird Street

Central

Port Elizabeth

6001

 

Contact Information:

Tel: 041 8200455 / 041 4504475

Email:  info@aeinc.co.za

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