Divorce: When is it Opposed?

Divorce: When is it Opposed?

Divorce is a difficult and trying time for all who go through it.


Divorces may be Opposed (meaning the parties cannot agree on any or all the aspects of a divorce) or Unopposed. Please see our blog on Unopposed divorces at https://www.hamelattorneys.co.za/divorce-when-is-it-unopposed/


Divorces may be Opposed when the parties have not agreed to every aspect of their divorce including, amongst others, custody of the children (when applicable), visitation schedules of the children (when applicable), maintenance of the children/spouse (if applicable), division of assets (being the goods you own) and division of the debts (who will pay which debts).


Divorce Attorneys are exceptionally important to visit, to explain the process, explain your rights and duties as well as estimations as to time and funds. For more information on what to expect from your attorney during a divorce, please see our blog on What to Expect from Your Divorce Attorney at https://www.hamelattorneys.co.za/divorce-how-do-i…rust-my-attorney/


Your Attorney should enquire on whether you have a pre-nup, what your pre-nup means, whether it is enforceable and a way forward given the attorneys opinion on your pre-nup (if any). For more information regarding Pre-Nuptual Agreements, please see our blog https://www.hamelattorneys.co.za/pre-nups-what-to-consider/


Divorces are often decided on the pre-nup (if any), the assets, the debts, the parties needs, the children’s needs and the parties affordability.


Divorces must always be done via Summons to the other party and a Particulars of Claim therewith. In the case of an Opposed Divorce, the Particulars of Claim would be a longer version than an Unopposed divorce and will set out your claim for divorce, how the assets and debts should be divided, how custody of the children should be determined as well as why and on what legal basis you are asking the Court to make such Order of Court in your favour.


Divorces must comply with certain formalities of the Summons as well as be investigated by the Family Advocate for a Recommendation. Only in certain limited circumstances would a Court entertain a divorce where the Family Advocate has failed to provide a Recommendation or the Recommendation is rejected by one or both of the parties. These limited circumstances should be explained to you by your attorney when and if applicable to your particular case.


For more information of the Family Advocate, please see our blog at https://www.hamelattorneys.co.za/family-advocate-who-are-they-and-what-do-they-do/


Ensure that you obtain adequate and proper legal advice prior to entering into Settlement Agreements, Settlement negotiations or issue Summons.


Contact us today to set up your consultation at https://www.hamelattorneys.co.za/contact/ or on 012 754 3385. Our consultations may be done in person (after lock-down) or at any time, with set appointment online via Skype.

Related posts