Premier Divorce and Property Law Firm in South Africa

• The duration of a divorce in South Africa depends on whether it’s uncontested or contested.
• Uncontested divorce: This is the quickest and most cost-effective way to get divorced. It occurs when your spouse doesn’t defend the divorce summons or when the divorce settles relatively quickly after it begins. An uncontested divorce can be finalized within 2 to 6 weeks.
• Contested divorce: When parties can’t agree on aspects like asset division, child custody, and maintenance, the divorce becomes contested.

The fastest way is an uncontested divorce. Either one spouse won’t defend the summons, or the parties work together with one attorney to reach a fair settlement. A settlement agreement is drafted, signed by both parties, and made an order of court.

• The cost varies based on factors such as contested vs. uncontested, complexity, child maintenance, spousal maintenance, property, and parties’ conduct.
• Uncontested divorces are less costly than contested ones. Attorneys’ fees are time-based, so the cost depends on the time spent finalizing the divorce.
• It’s challenging to predict exact costs at the outset, as each divorce is unique.

• Yes, it’s possible to get a divorce without going to court, especially in an uncontested divorce. In such cases, the parties can reach an agreement outside of court, and their attorneys can handle the paperwork. However, even in uncontested divorces, a court appearance of the Plaintiff may be necessary for the finalization process.

• The division of property and assets depends on various factors, including the type of marriage contract (in or out of community of property), contributions during the marriage, and any prenuptial agreements.
• In South Africa, the court aims for a fair and equitable distribution. It considers factors like financial contributions, needs, and future earning capacity. It’s essential to consult with our family law attorney to understand your specific situation.

• If you receive a notice to vacate, you might wonder about your rent obligations. While the notice is in effect, you are still legally required to pay rent.
• This is called the concept of “holding-over” is that where a tenant remains unlawfully in the property and thereby prevents the landlord from re-letting the property, the landlord can recover his losses from the tenant in the form of damages.

• In terms of the Consumer Protection Act, a landlord must give the residential tenants 20 business days to vacate the property.   

• Landlords cannot lock tenants out of their homes, this is deemed an unlawful eviction. 
• A landlord cannot disconnect electricity and water. 
• Contact one of our legal professionals on an urgent basis to restore your access to water and electricity. 

• Evictions can occur for various reasons, but they must be based on valid legal grounds. Common grounds for eviction include non-payment of rent, breach of lease terms, and expiration of a lease agreement. It’s essential to consult with a legal professional to understand the specific grounds applicable to your situation.
• Remember you can only bring an eviction application if you are the Owner of the Property or act on behalf of the Owner of the property. 

• If you receive an eviction notice, take the following steps:
• • • Seek Legal Advice: Consult with one of our attorneys experienced in eviction matters.
    • Review the Notice: Understand the reason for eviction and the time frame provided.
    • Negotiate: Communicate with your landlord to explore possible solutions.
    • Prepare for Court: If necessary, prepare for court proceedings.
    • Document Everything: Keep records of all communication and actions related to the eviction.
• Remember that eviction laws can be complex, and seeking legal guidance tailored to your specific circumstances is crucial.
• Always consult with a qualified attorney to navigate eviction processes effectively.

1. Uncontested Eviction:

   • An uncontested eviction occurs when the tenant does not oppose the eviction. In such cases, the process can typically be completed within approximately 6 weeks to 3 months.
   • The timeline depends on factors like the efficiency of paperwork, cooperation from all parties involved, and adherence to legal procedures.

2. Contested Eviction:

   • If the eviction is contested, meaning the tenant opposes it, the process may take longer.
   • Some contested matters, especially those involving vulnerable occupants, can drag on for years.

3. Specific Timeframes:

   • Generally, an eviction can be effected within three months from receiving instructions, assuming the lease has been validly canceled after a breach of the lease agreement and the court orders the eviction.
   • If there is a written lease, the landlord must give a full calendar month’s notice. If no time frame is specified in the breach clause, the lessor must afford the lessee a reasonable time to remedy the breach.