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The specialist divorce attorneys and family law experts at Martin Vermaak Attorneys bring skill and understanding to guide you through each step of the divorce process.
We know the divorce process can feel daunting, which is why our divorce attorneys are here to support you in every aspect, including costs, care and contact arrangements, and asset division.
With locations in Sandton, Pretoria, Umhlanga, and Cape Town, our divorce attorneys are ready to offer personalised guidance tailored to your needs.
Many of our divorce clients tell us they waited years to take action, feeling trapped by insecurity and fear of the unknown.
But once the divorce is finalised, they often express relief, saying they finally feel free to move forward and find happiness again.
Understanding your options is the first step towards feeling empowered in the face of uncertainty.
Here, our divorce lawyers walk you through key aspects of the divorce process—from the types of divorce and associated costs, to care and contact arrangements, and dividing assets fairly.
You’ll also find links to additional resources for deeper insights, helping you make informed, confident decisions about your future.
At Martin Vermaak Attorneys, our divorce attorneys aim to provide the support, clarity, and expertise you need to take that first step.
Are you finding that your marriage no longer brings the happiness and stability you once envisioned?
Are you staying because of uncertainty about the next steps?
Our experienced divorce attorneys understand the challenges involved and can guide you through every aspect of the process with respect and expertise.
Many marriages reach a breaking point between five and nine years, according to Stats SA. If you’ve been struggling with uncertainty, you’re not alone—this is one of the most common time frames in which couples file for divorce.
Seeking legal guidance now can provide clarity, helping you take the next step with confidence and security.
Divorces are not a one-size-fits-all process; each case presents unique complexities that can significantly impact the outcome. Factors such as claims for forfeiture, redistribution of assets, or even hidden assets may arise, requiring thorough preparation and investigation.
Generally, the party that is best prepared—armed with all relevant financial information and a clear understanding of their rights—achieves the most favourable outcome. Working with experienced specialist divorce attorneys ensures you approach the process strategically, safeguarding your interests at each step.
Types of Divorce Our Specialist Divorce Attorneys Handle in South Africa
In South Africa, our specialist divorce attorneys frequently handle two main types of divorce: contested and uncontested divorces.
Uncontested Divorce: |
This type of divorce is generally faster and less costly, as both parties agree on significant issues such as asset division, custody, and maintenance. Uncontested divorces can often be settled without a considerable delay, making it an efficient choice for spouses who are on amicable terms and prefer a streamlined process with the help of skilled divorce attorneys. |
Contested Divorce: |
When disagreements exist, particularly over finances or custody, a contested divorce is necessary. |
This route is more complex, requiring mediation or litigation, and typically involves higher legal fees. Contested divorces handled by experienced divorce attorneys require detailed negotiations or court intervention to resolve disputes fairly.
Choosing the best approach to divorce depends on your unique situation and goals. Consulting with knowledgeable divorce attorneys can help you determine the most effective path forward.
We know that accepting the end of a marriage is not easy—it’s a decision filled with emotion and uncertainty.
At Martin Vermaak Attorneys, we aim to help you find the clarity and courage to move forward. With us, you’re not just another case; you’re an individual who deserves a clear path to a brighter future.
The divorce process begins with filing for divorce—the plaintiff’s divorce attorney drafts and files a summons, which is then served to the defendant. The defendant or their divorce attorney has ten days to respond. If both parties agree, the divorce can proceed amicably.
In contested divorce cases, negotiations or mediation may be required to resolve disputes over asset division and care arrangements. Mediation is encouraged to help foster agreements and reduce costs.
When disputes remain unresolved, court proceedings become necessary, where a judge or magistrate makes binding decisions on critical matters. Finally, once all issues are settled, a divorce decree is issued, officially concluding the process.
Each step can vary based on specific circumstances, and having the support of skilled divorce attorneys ensures that you navigate each stage with clarity and confidence.
Divorce is a significant life transition, and statistics show that the majority of divorces in South Africa occur in marriages lasting between five and nine years.
This critical period often sees couples struggling with financial strain, shifting priorities, or unresolved conflicts. Understanding your legal options early can help you make informed decisions and navigate the process with confidence.
“As a divorce attorney with years of experience, I’ve observed that clients who seek legal advice early in the process often achieve the best outcomes. Divorce is not just a legal process; it’s a life transition that requires strategic planning to protect your interests. Taking the first step to consult a specialist divorce attorney can provide you with clarity and a strong foundation for the journey ahead.”
Looking for Expert Legal Assistance? We’re Here to Help Across South Africa!
Martin Vermaak Attorneys proudly serves clients nationwide with offices in multiple convenient locations. Whether you’re seeking trusted family law attorneys or expert legal guidance, our professional team is ready to assist.
Our Branches:
For new consultations or enquiries, please contact us on:
📞 087 822 1639
No matter where you are, our team is just a call away. Let us help you take the first step towards resolving your legal matters today.
Divorce costs in South Africa can vary based on factors like complexity, divorce attorney fees, and court involvement:
A clear mandate outlines the attorney’s fees, payment structure, and scope of services, helping clients know exactly what to expect and avoid any surprises.
Imagine a life where you feel at peace, free to focus on what truly matters to you. Many of our clients share that they felt a profound sense of relief and freedom once the divorce was finalised. Let us help you take that first step toward a new chapter filled with possibilities.
Critical Aspects of Child Custody and Maintenance
Many clients ask us about ‘custody’ of their children. In South African family law, what was traditionally known as ‘custody’ is now defined by care and contact.
Care involves daily responsibilities and decisions regarding a child’s well-being, such as health, education, and overall upbringing—essentially what people think of as ‘primary custody.’
Contact refers to a parent’s time with the child, including visitation and communication, similar to ‘access’ or ‘visitation rights.’
Together, care and contact makeup what many still call custody, with each term emphasising a parent’s ongoing role in a child’s life.
This modern approach focuses on the child’s best interests, supporting meaningful relationships with both parents.
Child custody is often the most emotionally charged aspect of a divorce. In South Africa, the best interests of the child guide all custody and maintenance decisions:
Types of Custody | Custody arrangements can be joint (both parents share responsibilities) or sole (one parent assumes primary care). Courts typically favour joint custody unless compelling reasons exist to grant sole custody. |
Child Maintenance | Maintenance, or child support, is a legal obligation calculated based on the child’s needs and the parents’ financial situations. This support covers essentials like education, healthcare, and living expenses. |
Legal Guidelines | Courts consider factors like each parent’s income, standard of living, and the child’s best interests. If possible, it’s advisable to reach a mutual agreement on custody and maintenance, as disputes can prolong the process and increase costs. |
Our Divorce Attorneys deals with these issues daily.
Real-Life Case: Securing Relocation Rights for a Devoted MotherIn a relocation matter, we represented a dedicated mother who had primary residence of her children and was offered an incredible career opportunity overseas. Despite having only sporadic contact with the children—sometimes going months without speaking to them—the father attempted to block the relocation out of spite rather than genuine concern for their well-being. Our legal team worked tirelessly to present compelling evidence demonstrating that the move was in the best interests of the children, ensuring stability, better opportunities, and an enhanced quality of life. By engaging with the family advocate and building a strong case, we successfully secured court permission for our client to relocate abroad with her children—allowing them to embrace a brighter future without unnecessary legal obstacles. This case highlights the importance of skilled legal representation in navigating complex custody disputes and ensuring that parental rights are protected in the face of unjust opposition. |
Asset Division and Financial Settlements
South African law provides guidelines for dividing assets:
The time frame for a divorce depends largely on whether the matter is opposed or unopposed. An unopposed divorce—where both parties are in agreement—can, under certain circumstances, be finalised within as little as six weeks.
However, opposed divorces—where disputes arise—can take much longer and, in some cases, have continued in the courts for years.
Fees can vary based on the divorce attorney’s experience, specialisation, and the case’s specifics. Attorneys with extensive experience in divorce and family law, particularly those specialising in complex cases, may charge higher rates due to their expertise and detailed work.
While mediation isn’t mandatory, it’s highly encouraged to resolve disputes amicably. In fact, some courts strongly encourage parties to attempt mediation before proceeding.
In some instances, such as in a Rule 43 application for interim relief, a judge may refuse to hear the matter if the parties haven’t tried to mediate. Mediation can help streamline the process, reduce conflict, and often lead to more satisfactory outcomes for both parties.
When determining care and contact arrangements (formerly known as “custody”) in a divorce, the court prioritises the child’s best interests. This involves assessing each parent’s ability to care for the child, the quality of the parent-child relationship, and the stability each parent can provide. Our Divorce Attorneys can assist the Court with this complex issue.
Joint custody is often favoured unless specific circumstances suggest otherwise.
In cases where custody arrangements are contested, the Office of the Family Advocate plays an important role. The family advocate—a legal official—investigates the family situation, interviews both parents and considers the child’s needs. They then recommend the arrangement to the court, focusing on the arrangement that will serve the child’s best interests.
Private social workers and psychologists may also become involved, either through court appointments or at the request of one or both parents. As Divorce Attorneys, we regularly interact with these experts.
These professionals conduct independent evaluations, observing family dynamics and interviewing parents and children to assess factors such as emotional bonds, developmental needs, and any signs of distress.
Their reports and testimony can provide the court with in-depth insights, helping to inform fair and balanced custody decisions that support the child’s well-being.
Yes, South African law allows for divorce even if one party doesn’t agree. However, it may result in a contested divorce requiring court proceedings. Our experienced divorce attorneys can guide you through this process, ensuring your rights are protected and helping you achieve the best possible outcome.
The division of shared property and assets depends on the type of marriage contract—whether in or out of community of property. Our skilled divorce attorneys can help you navigate the complexities of property division based on your specific circumstances.
Generally, assets are divided according to the terms of the marital agreement. However, there may be exceptions, such as forfeiture cases, where a court may decide one party should forfeit certain benefits. Working with experienced divorce attorneys ensures that your rights are protected throughout the process.
Generally, only one party may need to attend court, but this varies by region and court requirements. In cities like Johannesburg, some courts allow divorce attorneys to represent the client without their presence if no minor children are involved.
Child maintenance is calculated by considering each parent’s financial means, income, and expenses, as well as the child’s specific needs. The goal is to ensure that the child’s standard of living and well-being are preserved as much as possible despite the family restructuring.
Maintenance typically covers essential expenses such as food, shelter, education, clothing, medical care, and other necessary costs for raising the child.
To determine a fair amount, each parent’s income and regular expenses are reviewed. The court may also consider any extraordinary expenses related to the child, such as medical costs, school fees, or extracurricular activities.
Detailed financial disclosure from both parents is required to ensure transparency and accuracy in the calculation.
The court then apportions the maintenance responsibility proportionately, based on each parent’s financial capacity, ensuring the child’s best interests are prioritised.
Regular adjustments to maintenance payments can be requested if either the parent’s financial situation changes or the child’s needs evolve, allowing the arrangement to remain fair and relevant over time.
When choosing a divorce attorney, prioritise those with expertise in family law and a strong track record in handling divorce cases. Look for a divorce attorney who understands the legal complexities of divorce and is familiar with local court practices and judges in your region, as this can provide strategic advantages.
Experience in cases similar to your own—whether involving child custody, high-asset division, or spousal maintenance—can be particularly valuable.
It’s also important to consider the divorce attorney’s approach and communication style.
Divorce is a deeply personal matter, so finding someone you trust who listens to your concerns and explains legal steps clearly is essential. Look for a responsive divorce attorney who prioritises your best interests, providing the guidance and support needed to navigate the process confidently.
Once a settlement agreement is made, an order of the court becomes legally binding. Our experienced divorce attorneys can assist if you need guidance on modifying specific aspects of the order.
While certain aspects of the order, such as child maintenance or primary care arrangements, can be modified if circumstances change significantly, other aspects—such as the division of assets—are generally considered final and permanent.
Courts may review and adjust care or maintenance arrangements to reflect the child’s evolving needs, especially if one parent relocates or experiences a substantial change in financial status.
However, property and asset divisions are typically not subject to modification, as they are intended to provide a definitive resolution.
Facing divorce can feel overwhelming, but remember—you don’t have to go through this alone. The decisions you make now can impact your future, your family, and your peace of mind.
The specialist divorce attorneys at Martin Vermaak Attorneys understand the emotional and legal complexities of this process, and we’re here to provide the clarity and support you need.
Each case is unique, and we’re committed to guiding you with respect, compassion, and expertise so you can make informed, confident decisions.
Our divorce attorneys have helped many clients in similar situations, guiding them from uncertainty to resolution.
With years of experience in family law and divorce, Martin Vermaak’s Divorce Attorneys offers the skill, dedication, and understanding needed to make your journey smoother. Choosing us means choosing a team dedicated to your well-being and peace of mind.
Every day of uncertainty adds to the emotional toll. Take control of your future by speaking with one of our skilled divorce attorneys. With our team, you’ll feel supported every step of the way, knowing you’re in capable hands.
Choosing us means working with a team that will go the extra mile to uncover hidden truths and protect your interests.
Case in Point: In a previous matter, we helped a client uncover over R10 million worth of hidden farm assets, ensuring a just outcome. This case highlights our determination to achieve fair settlements, even in the most complex scenarios. |
Take the first step toward a clear path forward by scheduling a confidential consultation with one of our specialist divorce attorneys.
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