Divorce and family law in Cape Town

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An Overview

Divorce is can be an extremely traumatic time for all involved and requires both compassion and practical legal advice that will stand the test of time. Divorce falls under the ambit of “Family law” and with this is mind, our attorneys attempt to minimise the trauma and psychological roller coaster that Divorce and separation can be for all concerned. “Best interest of the child” is the underlying principal with all divorce and separation matters. Our clients are given sound legal advice for the protection of both their rights and those of their children.

It is always preferable to attempt a negotiated settlement that is mutually agreed upon by both parties before incurring what can be substantial legal costs in preparing or fighting a divorce action. Nicole Rasi is a highly experienced negotiator backed by a team that is dedicated to achieving an outcome that is in the best interests of our client and any minor children involved.

Uncontested divorce

An uncontested divorce, however amicable to begin with still needs to be reduced to writing, filed in the courts and all parties need to understand their roles and responsibilities going forward. These could include the division of assets, maintenance of any minor chidren and access to minor children.

Contested Divorce

As a defendent

If you have received a divorce summons and wish to defend it, it is extremely important to contact us as soon as possible. It is seldom a good idea to make contact with your spouse if the summons came as a surprise or the content of the summons is distressing. Emotions can run very high and you may say or do something that could negatively affect your case and prospect of a positive outcome.

There are processes the court requires to be followed, the first of which is to deliver a plea within 20 court days. Failure to deliver a plea can have very severe implications for your case and could ultimately result in a judgement in your absence.

It is very important to engage with us as soon as you receive summons.

As the applicant

Divorce is a very emotional and psychologically turbulent experience. The circumstances that have resulted in your application for divorce need to be made very clear with documentary proof. Our team of attorneys have seen most scenarios where defendents try to hide assets, understate income and deny knowledge of relevent items. Our discovery methods are second to none and we leave no stone unturned when it comes to deceptive behaviour by a defendent.

Particulars of claim

The first thing required in an application for a divorce is to issue summons on your spouse and must include the following.

• The grounds on which it is stated that the court has jurisdiction in terms of the Divorce Act 70 of 1979.
• The place and date of the marriage, as well as the matrimonial property system.
• The names, ages and sex of any minor children of the marriage.
• The name and address of the person in whose care the minor children are.
• The nature and grounds of each claim.

Nicole and her team of attorneys, researchers and administrators will support you on the legal journey to achieving the desired outcome. CDV Attorneys get results in the shortest possible time at the lowest possible cost.