DIY Divorce in South Africa: When Should You Use an Attorney?
A DIY divorce in South Africa allows you to handle divorce proceedings without an attorney. It can reduce legal fees, but whether it is suitable depends on your circumstances.
When can you consider a DIY divorce?
A DIY divorce may be manageable where both spouses agree on all the terms, their financial affairs are straightforward, and there are no complicated issues involving property, debts, maintenance or children. You must also be comfortable preparing documents, following court procedures and attending court. Legal Aid South Africa recommends limiting self-help divorces to uncomplicated, uncontested matters. You can approach a Regional Court dealing with divorces for forms and procedural guidance. Signing a settlement agreement alone does not end your marriage: a court must grant the divorce.
When should you consult a divorce attorney?
Legal assistance is advisable where there are disputes or complications concerning the family home, other assets, debts, pension interests, maintenance or arrangements for children. An attorney can assist with preparing a settlement agreement and parenting arrangements. You should also seek advice if you feel pressured to sign, suspect financial information is being withheld, or do not understand what you may be giving up. Agreeing to divorce is only one part of the process; understanding the settlement is equally important.
Unsure which option suits you?
Even if you intend to manage the divorce yourself, consider obtaining legal advice before signing a settlement. Mary-Jane Mphahlele Attorneys Inc assists with uncontested and contested divorces.
To consult with our experienced, family law & divorce attorney, book a consultation HERE.