Our aim at TMF attorneys is to assist spouses through the divorce process and to achieve the best possible outcome for all family members involved in the most cost effective manner.
- An uncontested divorce is where two spouses agree on the terms of their divorce.
- A settlement agreement is drafted by the attorney of record.
- The settlement agreement sets out the division of assets, primary residence of minor children, access and maintenance of minor children if applicable, etc.
- Upon signature, the attorney will attend to the necessary procedures.
- Finally, the plaintiff (spouse instituting divorce action) will appear in court and the magistrate (in regional court) or judge (in the high court) will make the settlement agreement an order of court.
- An uncontested divorce is the fastest and most cost effective way and depending on the court rolls can be finalised within 6 weeks.
- Further should spouses agree to use one attorney that is impartial, costs can be reduced even further.
- Often mediation will assist in deriving at a settlement agreement and preventing parties incurring costs associated with a contested divorce.
- A contested divorce is where two spouses do not agree on the terms of the divorce, these divorces are often emotional and tumultuous.
- This type of divorce is the most expensive and can take up to two to three years to finalise.
- Contested divorces consist of various complicated stages in the litigious process and most attorneys charge per hour.
- In the event that you think that your divorce would be contested please consider consulting an attorney who could give you an estimate of the possible costs and the actual process and procedures involved in contested divorces.
We charge a reduced rate for initial divorce consultations as we believe that spouses need to be informed of the possible consequences and costs of prolonged litigation and be informed before making decisions.
Please contact TMF attorneys so we can guide you through this difficult process called divorce.