Posted by: Cathrine | 2011/08/31

Court Proceedings

I just need a little advice on court proceedings please. I am divorcing my husband and we are due to appear in court next week. I have done everything myself and not through a lawyer so I don''t know what to expect and am learning as I am going along. What will actually happen when we go to court? We don''t own a home and his car is a company vehicle so the only assets we have is really just some furniture which we have basically sorted out ourselves. We have 3 children though. Will the divorce be granted straight away and then how does the maintenance and custody work?

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Our expert says:
Expert ImageFamily law expert

What you are asking is quite a lot of advice. I am sure that the divorce will be granted straight away. Maintenance will be based on the child's needs and both you and your spouse's means to pay as you both have a contribution to make towards maintenance. Both parents have equal rights and responsibilities to the children and one parent will be the parent of primary residence, the other the parent of alternate residence.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town
O: +27 (0) 21 422 1323

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

Our users say:
Posted by: Cathrine | 2011/08/31

Thank you for this information. Does the divorce get granted first though and then we sort out the arrangements for the children or does this all need to be sorted out first for the divorce to be granted?

Reply to Cathrine
Posted by: FIO | 2011/08/31

You will probably be referred to the Family Advocate to draft a Parenting Plan agreement. Only problem here is FA is so overloaded with work, they dont really have the time to do it properly. Court will want to know how you intend on looking after and parenting your children, and you would rather decide this with hubby than have a court decide it for you. You and hubby are the best people to make the best decisions for your children, dont let the future of your children be decided by a court.

Might I suggest you contact FAMSA (Family Life) so you and hubby can settle the divorce in the best way for the kids, they are the most important in this. FAMSA does mediation, and they will help you and hubby draft a good parenting plan according to Childrens Act, working with both of you to ensure the children are taken care of as best they can be through this divorce. FAMSA will guide both of you, fairly, and always with the best interests of the children first.

In terms of other issues and matters, doesn''t sound like you guys are fighting this, so it could probably be resolved in FAMSA mediation as well. Make a joint proposal to court that you will draft a settlement agreement through FAMSA mediation. Try stay away from Family Advocate, simply because they are overworked, understaffed, and wont be able to give you all the attention your children deserve.

Once you have a Parenting Plan drafted, you can go back to the court and have it made an order of the court.

Reply to FIO

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