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Practical Considerations before you get a Divorce

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Practical Considerations before you get a Divorce

Contested Divorce Attorneys | Martin Vermaak Attorney

Practical Considerations before you get a Divorce

When you consider divorce, you need to consider many practical aspects.  

If you’re considering getting a divorce, there are many practical considerations to consider. These may include: 

  • Minor Children
  • Division of Assets
  •  Spousal Maintenance
  • Gifts between spouses
  • Where will you stay during and after the divorce?
  • How will you pay for your divorce attorney, and how will you pay for your monthly expenses?

It’s important to carefully consider these matters and seek guidance from professionals, such as an attorney and therapist, to ensure that you are prepared for the challenges that may arise during the divorce process.

1.     Minor Children

Hands of young people covered in different colours

If you have minor or dependent children, you need to consider with whom they will stay and what contact the other party must have.

It would be best if you also considered their schooling and other needs.

This is also one of the most litigated aspects of divorce, as parents are usually genuinely concerned with their children’s wellbeing.

The court will always consider the “best interest of the minor children” principle.

If parents cannot agree to where the children will reside (primary caregiver) or what contact the other parent will have, then the Family Advocate needs to be involved in the matter.

Also, the maintenance of the minor or dependent children must either be agreed to or the court must decide.

Even if the parties have an agreement in place regarding the minor children, the Family Advocate must endorse the agreement.

2.     Division of Assets

Division of Assets

Depending on the marital regime and donations between spouses, the parties must decide how the assets will be divided, except if it is a marriage out of community of property.

Generally, the parties will divide the property between them in a specific way, despite the marital agreement.

Some assets that come into play are immovable and movable property, pension funds and living annuities.

If the parties cannot agree to the division of the assets and liabilities, then the marital regime will come into play.

In some cases, Liquidators are appointed to divide the assets and liabilities between parties as they cannot reach an agreement between themselves.

3.     Spousal Maintenance

The spouses must consider if spousal maintenance is payable, and it is always good to be guided by your divorce attorney in this regard.

The courts do not automatically grant maintenance to spouses after divorce, and you must prove your claim or agree to the spousal maintenance with your spouse.

When the court must decide if spousal maintenance is payable, they look at the case’s specific circumstances.

This includes looking at, amongst other things, the following to determine if spousal maintenance is payable:

  • The ability of each individual spouse to generate an income.
  • The professional qualifications of each spouse.
  • The work experience of the parties.
  • The agreement between the parties prior to the divorce.What each spouse will ‘own’ after the divorce. I.e. if you get an R10 Million settlement, you may not need further spousal maintenance.

4.      Gifts between spouses.

Giving a present to your spouse is presumed to belong to your spouse, and it must not be considered when the assets are divided. Yet, we often have parties fight over gifts and who they belong to.

5.     Where will you stay during and after the divorce?

Residential Home

You must consider where you will stay while the divorce is ongoing. Always discuss your moving out of the communal home with your divorce attorney before moving out of the home.

You must also consider where you will live after the divorce.

6.     How will you pay for your divorce attorney, and how will you pay for your monthly expenses?

Legal fees can be very costly, and you must prepare a budget to ensure that you can get through this process while keeping your sanity.

These are the primary things that must be considered if you are considering a divorce. It is always good to make a written list of things you need to consider so you can discuss them with your divorce attorney.

Read More about

Minor Children Primary Residence and Contact

The Role Of The Liquidator and Receiver After Divorce

How Much Does A Divorce Lawyer Charge?

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