How to find a divorce lawyer in Cape Town, South Africa

Divorce – the realistic approach



A divorce is not always amicable. In fact I would say that two out of ten divorces end amicably. In cases were they do end amicably, both parties would come and consult the attorney together and instruct him to draft a settlement agreement for signature. 80% of the time this is not the case however.

A client very often tells the attorney that he/she is prepared to hand over a large portion of the assets to the other spouse, as he/she believes that the parties will remain good friends after the divorce. I as an attorney very often warn them against this, as circumstances change, especially when a spouse moves on in their life after the divorce.

I always urge my clients to picture a worst case scenario ten years down the line when your beloved ex-partner has somebody else in his or her life. Those assets which you were so quick to hand over during the divorce would then be enjoyed by your ex-spouse and his/her new partner.

One should try and always ensure in reaching a divorce settlement that the interests of your blood relations are protected, to prevent a situation from arising where your hard earned money may be spent in a way that you did not intend it to be. One should also ensure that straight after the divorce you change your will, in order to prevent a situation from arising where your ex-spouse inherits and this was not your intention.

The realistic approach to a divorce would be for you to be 100% sure that you are making the correct decision in handing over the assets. One does not want a situation to arise where at great costs you may have to apply for rescission of the divorce order due to a hasty decision made by yourself. South Africa, unlike other countries, facilitates quick divorces. There is no waiting period after a divorce in South Africa where the divorce can be cancelled, and you can get divorced any time after the marriage. One must therefore be cautious before making hasty decisions.

This article was written by Cape Town divorce law specialist, Peter M Baker


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