What Do Divorce Lawyers Cost in South Africa?
The question “what do divorce lawyers cost in South Africa?” is not an easy one to answer due to various factors. Each divorce is unique depending on the personal circumstances of the parties involved, this will then determine the type of divorce you fall into; there are two types of divorces in South Africa. The type of divorce has an influence on the overall cost and experience of getting a divorce in South Africa.
What Determines the Type of Divorce?
The type of divorce that yours will fall under is determined by your personal circumstances, as well as whether everything will be easily agreed upon. This could also be influenced by emotional factors and in what way the marriage ended. Separation, although always difficult, may be easier when both parties feel the same way and have come to a mutual agreement.
Other factors that will make a divorce procedure more complicated includes:
- The need for one party to move to a new home
- The involvement of children and who they will reside with
- The contact right with the children
What Are the Two Types of Divorce in South Africa?
Contested – A contested divorce happens when the parties do not concur with one another and cannot settle on a mutual agreement. This type of divorce is lengthy and can take up to three years to finalise; this type increases the cost overall. It is more costly due to the length in time, the need to have more appointments, as well as the cost of going to court.
Uncontested – This type of divorce is the most cost effective, especially when compared to the contested type. A settlement agreement is signed by both parties which contains the determined terms and conditions of the divorce as determined by both parties. This agreement contains the division of assets, as well as a parenting plan for when children are involved.
What Else Can Determine the Cost of Divorce Lawyers in South Africa?
Aside from the type of divorce, as determined by whether both parties are able to agree to the terms of the separation, there are other factors that can influence the cost of divorce lawyers in South Africa. This includes:
- An hourly rate versus a retainer fee
- The local filing and court fees
- The need for child custody evaluation
- Family advocate fees
- Whether mediation is required, and more.