Shirné Grobler obtained her BComm (LLB) degree from the University of Stellenbosch and completed her articles at STBB. Following her admission to the High Court of South Africa as an Attorney and Notary Public, she joined STBB's Family Law department in Cape Town as an Associate.

Thought of the Week | You And Your Spouse Agree To A Divorce, Now What?

When two spouses agree to terminate their marriage by way of divorce, the process does not have to be as daunting as it appears.

As Family Law experts, we assist clients to concur on the way forward, and then draft a Consent Paper to clearly record the terms of the agreement reached. Once the Consent Paper has been signed by both spouses, we proceed to court and incorporate it into a Divorce Order.

This process is quicker and more cost effective than normal litigation in an opposed divorce.

In order to reach agreement on the terms of the divorce, spouses must amongst other things, take into account the following:

  1. If there are minor children involved, with whom will they live, what arrangements will be made to ensure acceptable visitation rights, and what arrangements will be made with regard to maintenance?
  2. Will one spouse be paying spousal maintenance to the other, and if so, to what extent and for how long?
  3. How will assets and liabilities be dealt with? Spouses may divide their assets and liabilities as they deem fit, and the division may deviate from the distribution required in terms of their marriage regime, provided that the terms of the settlement are enforceable, legal, and not against public policy.

Should you need assistance with your unopposed divorce please contact the STBB family law department.