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Otrebski DIVORCE Attorneys
What Does Divorce Law Deal With in South Africa?
Divorce law in South Africa regulates the legal process of ending a marriage. It covers issues such as the division of assets, child custody and care, maintenance, and the rights of both spouses. The process is governed primarily by the Divorce Act 70 of 1979, which applies to both civil and customary marriages. At Otrebski Attorneys, we assist you in navigating these sensitive issues with professionalism and empathy, ensuring your rights and best interests are protected.
ROLES & DUTIES OF A DIVORCE Attorney
What Does a Divorce Lawyer Do?
A divorce lawyer is a legal professional who guides clients through the process of ending a marriage, ensuring that their rights and interests are protected. Divorce often involves more than just dissolving the marriage — it requires addressing complex legal, financial, and personal issues. At Otrebski Attorneys, we provide strategic guidance and compassionate support to ensure that your rights are protected and your future is secured.
- Explaining Your Rights – Helping you understand your legal position regarding property, children, and maintenance.
- Filing Legal Documents – Drafting and submitting the divorce summons, settlement agreements, and supporting paperwork.
- Negotiating Settlements – Working to achieve fair agreements on child custody, spousal maintenance, and asset division without unnecessary conflict.
- Representing You in Court – Advocating on your behalf in contested divorces where disputes cannot be resolved amicably.
- Handling Custody & Maintenance Matters – Drafting parenting plans, addressing child support, and protecting your parental rights.
- Providing Emotional Support & Guidance – Offering clarity, empathy, and reassurance during a stressful and emotional process.
- Ensuring Compliance with the Law – Making sure your divorce follows the Divorce Act 70 of 1979 and other applicable family law provisions.
Without professional legal representation, you risk unfair settlements, procedural delays, or overlooking your long-term financial and parental rights. Otrebski Attorneys’ divorce lawyers ensure that your divorce process is handled efficiently, fairly, and with your best interests in mind.
DIVORCE IN SOUTH AFRICA
Grounds for Divorce in South Africa
The legal grounds for divorce set the framework for your case. At Otrebski Attorneys, our Johannesburg divorce lawyers provide clear advice and results-driven solutions tailored to your situation.
Irretrievable Breakdown of the Marriage
The most common ground, where the relationship has permanently broken down.
Mental Illness
Where one spouse has been institutionalised for at least two years.
Continuous Unconsciousness
Where a spouse has been unconscious for at least six months with no chance of recovery.
Types Of Divorce In South Africa
Whether your divorce is contested or uncontested, the right legal support makes the process faster, fairer, and less stressful.
Otrebski Attorneys helps you choose the best path forward while protecting your rights and interests.
Otrebski Attorneys helps you choose the best path forward while protecting your rights and interests.
Uncontested Divorce
An uncontested divorce occurs when both parties agree on all issues, including child care, maintenance, and division of assets. An uncontested divorce is the fastest and most cost-effective option for divorce in South Africa.
How long does a uncontested divorce take?
A uncontested divorce is usually finalised within 4 to 8 weeks. This is the fastest and most cost effective option to divorce.
How much does an uncontested divorce cost?
A uncontested divorce typically costs between R10,000 – R15,000, depending on complexity.
What documents are required in an uncontested divorce?
- Completed divorce summons;
- Copy of marriage certificate;
- Settlement agreement (if applicable);
- Identity documents.
Contested Divorce
An uncontested divorce occurs when both parties agree on all issues, including child care, maintenance, and division of assets. An uncontested divorce is the fastest and most cost-effective option for divorce in South Africa.
How long does a contested divorce take?
A contested divorce can take 1 to 3 years, depending on disputes and court availability.
How much does an contested divorce cost?
Costs for contested divorces vary significantly and can reach R100,000 or more, depending on the duration and complexity of the litigation.
What documents are required in a contested divorce?
- Divorce summons
- Marriage certificate
- Financial statements
- Supporting affidavits, evidence, or witness statements
DIVORCE PROCESS
Divorce Procedures in South Africa: What to Expect
Filing for divorce in South Africa generally involves the following steps:
- 1. Issuing a Summons – The divorce summons is prepared and issued at the relevant court.
- 2. Service of Summons – The summons is formally delivered to the other spouse by the sheriff.
- 3. Response or Agreement – The defendant may contest the summons or sign a settlement agreement.
- 4. Court Proceedings – If uncontested, the matter is finalised quickly. If contested, court appearances, discovery, and possibly a trial will follow.
- 5. Final Decree – Once all matters are resolved, the court issues a decree of divorce, legally ending the marriage.
Our Client Process
Starting Your Legal Journey With Otrebski Divorce Attorneys
We know and understand that divorce is one of the most difficult and personal transitions you can face. That’s why we have developed a clear, compassionate, and structured process to support you from start to finish.
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to your family and child matters.
Consult With A Top Divorce Law Firm In Johannesburg
Our step-by-step approach ensures that you feel supported from your first consultation to the final resolution.
- Consultation
- Assessment
- Strategy
- Action
- Resolution
Otrebski Attorneys combines extensive experience, in-depth legal knowledge, and years of proven practice.
