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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1568
Experience:  BCom; LLB; Masters in Law
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My friend has filed on the grounds of irretrievable

Customer Question

Hi, My friend has filed for divorce on the grounds of irretrievable breakdown of marriage. Her husband has opposed / contested it. The lawyer went to court last week and the next court date is in 30 days. She says she does not want to reconcile. They don't live together but he still pays the bills and is staying in her house - she moved out. Any suggestions on the way forward for her to get this divorce sorted out?
Submitted: 2 years ago.
Category: South Africa Law
Expert:  CaseLaw replied 2 years ago.

Hi there and thank you for your question,

The quickest and easiest way to finalise the divorce is for the parties to enter into a consent paper (settlement agreement) which can be made an order of the Court.

The settlement agreement will then regulate who gets what, and what maintenance needs to be paid, etc, including who shares in the house, the cars, the insurance policies, the pension fund, etc.

If the parties don't want to enter into a settlement agreement, then they will need to run a divorce trial before the Magistrate or Judge, and it will be expensive.

Which court are they currently in?

What are they going back to court for in 30 days?

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

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Good luck and best regards,


Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.

Expert:  CaseLaw replied 2 years ago.

Hi there again,

I hope that you understood the above advice and that it was useful? Please leave positive feedback for me.

If you have a further question please ask it?