Family law is the area of law that relates to the relationship between family members whether they are parents, children, spouses, grandparents or siblings.
Because your family is important to you, they are important to us. We strive to approach every matter with trust, care, respect and compassion to ease the psychological impact on the family and to achieve the desired positive legal outcome for both you and your family.
Your matter will be assessed during the first consultation (which is free). The fee arrangement pertaining to your individual matter will only be confirmed during consultation.
The dissolution of a marriage is a complex process with long-term effects.
Divorce refers to the legal dissolution of a marriage by court and is commenced when one party serves the other with a summons, which sets out their claim with regards to immovable and movable property, finances, spousal maintenance, if any, child maintenance, pension funds, policies, etc.
There are typically two types of divorces, viz.: the contested and the uncontested divorce. An uncontested divorce is usually quick to resolve, whereas a contested divorce can take much longer before the parties reach settlement between themselves or in the absence thereof, takes the matter to trial for the court to make an Order. An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. This includes how to divide your assets and which parent will become the parent of primary residence and which will be the parent of alternate residence. A settlement agreement is then drafted and signed by both parties.
The contested divorce process is much more expensive and consists of the following stages:
- application for and set down of trial date;
- discovery of documents;
- further discovery and particulars;
- pre-trial conference;
- trial; and
At Simpsons Attorneys Inc. we wish to guide you through this process and endeavour to act in your best interests at all times.
MAINTENANCE AND INTERIM MAINTENANCE
A Parenting plan is a written agreement between the parents and indicates how each parent will exercise their parental responsibilities and rights in terms of the minor child after a divorce or separation. Such a parenting plan may be reviewed from time to time to be in line with the developmental changes of the child
This can aim to resolve the following issues:
- where and with whom the child will live primarily;
- the exercising of contact with the other parent (the alternate residence);
- maintenance for the child; as well as
- schooling and upbringing of the minor child.
CARE AND PROTECTION
We do appearances in the Children's Court in terms of the care and protection of minor children.