Divorce Lawyer In Johannesburg
S. Niselow Attorneys are divorce lawyers located in Johannesburg South Africa. We have extensive experience in divorce mediation, custody, family law, child support, maintenance and international divorces.
Getting a divorce is one of the most traumatic processes that a person can be subjected to. The divorce process is a mine-field of emotions and we navigate you through it with care and understanding, ensuring that your best interests, financial and otherwise are protected at all times.
We are very well versed in divorce law and can help you with even the most sensitive matters arising from your breakup including issues such as child custody, child support and maintenance.
Our Focus Areas Are:
- Unopposed Divorces
- Opposed Divorces
- Civil Unions Act
- International Divorces
- Edictal Citation and Substituted Service
- Post Divorce Issues
- Annulments
- Aggressive Representation
Unopposed Divorces
Where the parties have reached agreement regarding the terms of divorce, a settlement agreement is signed and the matter is enrolled for hearing on the unopposed court roll. An unopposed divorce can be finalized in four to five weeks and costs a fraction of an opposed divorce.
Where no agreement is reached, a lengthy pleadings process must be followed, whereafter a trial date can be applied for. An opposed divorce can take years to finalize and can be extremely expensive both financially as well as emotionally. It is advisable for the parties to settle as early on as possible. If an opposed divorce becomes unopposed at any stage, it can be transferred to the "unopposed roll" immediately and disposed of within 4-5 weeks at minimal cost.
We assist and advise same sex couples regarding all issues arising out of the Civil Unions Act including issues pertaining to dissolution of the civil union.
It is a recognised rule of International Law that the law of the country in
which the husband is domiciled at the time of the marriage will apply to the
financial consequences of dissolution of the marriage irrespective of which
country the parties are getting divorced in. For example if a couple got married
in the US and the husband was a US citizen at the time and they later get
divorced in South Africa, US law will be applied by South African Courts to the
financial consequences of divorce.
However when it comes to arrangements with regard to minor children, it is the
law of the country where the divorce is taking place which will apply.
Edictal Citation And
Substituted Service
We assist and advise clients both national and international in serving divorce
papers on a spouse living in a foreign country. In addition and where the other
spouse's whereabouts cannot be ascertained, we assist with "substituted service
of divorce summons" (for example through publication in a newspaper).
Post Divorce Issues
Although you may now be divorced, there are often issues that resurface and
which require legal intervention. These may include:
- Assistance in varying the terms of your settlement agreement
- Assistance in enforcing a term or terms in you settlement agreement for example payment of maintenance
Annulments
It is a common misconception that annulment is a quicker and easier alternative
to divorce in fact the requirements for annulment limit its applicability to
include the following types of scenarios:
- Material misrepresentation
- Forced into marriage
- Common error
Aggressive Representation
Whilst we strive to settle matters amicably, in those instances where settlement
cannot be reached, we aggressively litigate on behalf of our clients. We are
dedicated, uncompromising and vigilant in our representation of our clients.
Contact Us For Your Divorce Law Services