Property division depends on the marital regime under which you were married:

• In community of property: All assets and debts are shared equally between spouses.

• Out of community of property without accrual: Each spouse retains their assets and debts separately.

• Out of community of property with accrual: The growth in each spouse’s estate during the marriage is shared, ensuring a fair distribution of assets accumulated over time.

Our divorce lawyers in Benoni will assess your case and ensure that your financial interests are protected. We also assist in identifying hidden assets, valuing businesses, and negotiating equitable settlements that align with South African law.

Child custody decisions are based on the best interests of the child. Parents can agree on joint or sole custody arrangements, but if disputes arise, the court will intervene. Factors considered include the child’s emotional and physical well-being, each parent's ability to provide a stable environment, and the child's wishes (depending on their age and maturity).

Courts may also request social worker reports or psychological evaluations to ensure the best outcome for the child. Our team works tirelessly to ensure that custody arrangements are fair and in the best interest of your child.

Child maintenance is determined by the financial needs of the child and the income of both parents. The parent with primary custody typically receives maintenance from the other parent to cover essential expenses such as education, healthcare, and daily living costs.

The amount is calculated based on a percentage of the non-custodial parent's income, ensuring that both parents contribute fairly. If disputes arise, our lawyers can assist in securing a fair maintenance order and enforcing payments through legal channels.

Spousal maintenance is not automatic and depends on various factors such as the financial needs of the requesting spouse, their ability to support themselves, and the duration of the marriage. Courts may grant rehabilitative maintenance for a set period to help a spouse become financially independent.

In long-term marriages where one spouse was financially dependent, courts may grant permanent or long-term spousal maintenance. Our divorce lawyers can assist in negotiating and securing a fair spousal support arrangement based on your circumstances.

If your spouse refuses to sign divorce papers, you can still proceed with a contested divorce. The court will hear both sides and make a ruling on matters such as property division, custody, and maintenance.

While contested divorces take longer and are more complex, our legal team will ensure that your rights are upheld throughout the process. We also explore alternative dispute resolution methods, such as mediation, to reach an agreement without prolonged litigation.

The divorce process begins by filing a summons in the High Court or Regional Magistrates’ Court. This document outlines the reasons for the divorce and the relief sought, such as custody, maintenance, and asset division.

If the divorce is uncontested, both parties can sign a settlement agreement to speed up the process. If contested, legal proceedings will follow. Our divorce attorneys will guide you through every step to ensure a smooth legal process.

You can schedule a consultation with our divorce lawyers in Benoni by calling our office, emailing us, WhatsApping us or completing our online contact form. We offer both in-person and virtual consultations, making it convenient for you to receive expert legal assistance no matter where you are.

At Wade Theron Attorneys, we are committed to providing expert legal support throughout your divorce journey. Whether you need assistance with filing for divorce, negotiating settlements, or resolving disputes, our dedicated legal team is here to protect your interests. Contact us today to schedule a consultation and take the first step toward a fair and legally sound divorce resolution.