With our help, your divorce won’t just be the end of one chapter, but also the beginning of the next one. We can help you reach the best, most beneficial conclusion, with the necessary discretion and confidentiality.
Established in Sasolburg in 1956, De Beer & Claassen is one of the Vaal Triangle’s most experienced and innovative providers of divorce assistance.
We provide straightforward, yet compassionate, assistance in all forms of marriage dissolutions, giving you the personalised approach that your circumstances require. But in our day and age, there is no need for the separation of spouses to become a drawn-out legal process.
An online divorce allows you to finalise your divorce sooner and more cost-efficiently, so that you don’t have to wait to start the next chapter of your life.
There are two types of divorce proceedings, one is an uncontested divorce, the other a contested divorce.
Not sure which best describes your situation? Let’s take a look at the difference:
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Complete our questionnaire and begin your divorce proceedings
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Book a free 30-minute appointment with one of our attorneys
Draft and finalize required divorce documents for clients with a signed Settlement Agreement. Clients must file documents and represent themselves in court.
Provide drafting and finalizing of divorce documents for clients with a signed Settlement Agreement, including court filing assistance and legal representation.
For clients without a signed Settlement Agreement, facilitate mediation to divide assets and establish a parenting plan.
Quote based Assist clients in contested divorces without a Settlement Agreement, offering expert legal services.
No maintenance will be awarded to an individual who is in the position to support themselves during and after the divorce is finalised. The Court may consider rehabilitative maintenance if the marriage had a negative effect on one of the parties to support themselves financially, taking the following into account:
1. The length of the marriage;
2. The party’s current and future financial situation;
3. Financial needs and obligations;
4. Each party’s earning capacity.
Both parents are obligated to support their child financially. The monthly amount paid with regards to child maintenance is based on each parent’s income and the cost of the child’s care, upbringing and education. The Children’s Act 38 of 2005 (the Act) makes provision for parties to consider the welfare of their minor children during divorce proceedings.
The South African Court usually grants guardianship to both parents as provided for in Section 18(2) (c), 18(4) and 18(5) of the Children’s Act, Act 38 of 2005.
In terms of the Children’s Act, Act 38 of 2005 both parents have the following rights and responsibilities:
1. To care for a child / children;
2. To have contact with the child / children;
3. To act as guardian of the child / children and;
4. To contribute towards maintenance of the child / children.
The parent with whom the child / children will be residing is the primary caregiver of the minor child or children. The care of the minor child / children involves the provision of a suitable home, which encourages a healthy development of the child / children.
The parent with whom the child /children is not residing has the right to keep contact and to maintain a personal relationship with the minor child or children. The said parent will have the right to see and spend time (visitation rights) with the minor child / children and will he/she have the right contact the minor child/children by telephone or any form of electronic or postal communication.
The parties will agree to the terms of the contact of the minor child / children which terms will be stipulated in the settlement agreement. These terms must be approved by the Family Advocate. The primary caregiver has the responsibility to inform the other parent of any change of address of the minor child / children and to allow the other party to enforce his/her right of contact. Should the caregiver fail to comply with the above, it will be a criminal offence.
The role of the Family Advocate is to protect and promote the best interest of a minor child and assist the family member to reach an agreement with regards to child care, contact and guardianship. Should the parties not be able to reach an agreement with regards to child care, contact and guardianship, the Family Advocate will assess the parties’ circumstances in light of the minor child’s / children’s best interest and will make recommendations to the Court.
In terms of the Divorce Act, the parties’ pension interest forms part of his/ her assets and may be taken into account when the parties’ assets are divided. The non-member spouse will be entitled to claim 50% of the value of the pension interest of the member of the fund as at date of divorce.
The marital regime under which the parties are married will have an impact on the pension fund claim.
Where the parties are married in community of property the parties’ pension interest will form part of the joint estate and will each party be entitled to claim 50% of the other party’s pension interest.
Where to parties are married out of community of property with the accrual, the value of each party’s pension interest will be taken in to consideration when the value of their respective estates are determined. If the parties are married out of community of property there is no sharing in their separate estates. The parties have the right to the pension interest in their settlement agreement.
The non-member spouse may choose to receive his/her share as a lump sum and will the amount be taxed once it is paid to the non-member spouse. Should the non-member spouse choose to transfer his/her share to an alternative fund, the amount will be transferred tax free and will it be taxed upon withdrawal or retirement.
It is of very important that the retirement fund clause in the settlement agreement meets all legal requirements. Should the clause be drafted incorrectly in the divorce order, the fund may reject the settlement agreement and will refuse to make payment to the non-member spouse. The non-member spouse will have to bring a court application to amend the clause in the divorce order. The divorce order must indicate the percentage or the amount of pension interest to be paid to the non-member spouse. The correct name of the retirement fund must be included in the divorce order.
Not at all. Even though there may be a little more admin work required from your side, we are able to assist you every step of the way thanks to technology. By filling in our questionnaire, we have everything we need to cover the technical side without taking up your time.
A self-help divorce is not a divorce that is granted online. A divorce order can only be granted by the High Court or the Regional Court (Divorce Court). With a Self-help Divorce, De Beer & Claassen will assist the client with the drafting of the court documents & the settlement agreement, but it will be the client’s responsibility to:
1. Issue the summons at the Regional Court with jurisdiction over the matter;
2. Arrange with the relevant Sheriff for service of the summons upon the Defendant;
3. Submit the settlement agreement to the Family Advocate for approval in cases where a minor child or children were born out of the marriage between the parties;
4. Apply for a court date for the divorce to be finalized;
5. Be present at Court on the allocated date.
1. Client to complete the online questionnaire to determine if he/she qualifies for a Self-help or Attorney Assist divorce;
2. Once the questionnaire is completed De Beer & Claassen will provide the client with a mandate form to be completed, the client must pay the retainer fee and submit the required documents (an online profile will then be created for the client to track the progress of his/her matter);
3. De Beer & Claassen will draft the following:
3.1. Combined Summons;
3.2. Particulars of claim;
3.3. Annexure “A” where minor children are involved;
3.4. Settlement Agreement;
3.5. Statistic Form;
3.6. Application for trial date;
3.7. Notice of Set down;
4. Once all the documents are finalized, De Beer & Claassen will contact the client to explain to the client to arrange the following:
4.1. The parties to sign the settlement agreement;
4.2. The client to issue the summons at the relevant Regional Court;
4.3. The client to arrange with the relevant Sheriff for service of the summons upon the Defendant;
4.4. The client to submit the settlement agreement to the Family Advocate for approval;
4.5. The client to apply for a court date and inform De Beer & Claassen of the date;
4.6. De Beer & Claassen will draft the Notice of Set Down;
4.7. The client to appear in Court on the allocated date.
1. Client’s questionnaire;
2. Mandate form;
3. Annexure “A” where there are minor children involved;
4. Combined Summons;
5. Particulars of claim;
6. Settlement Agreement;
7. Statistic form;
8. Application for trial date;
9. Notice of set down.
1. Identity documents of the Plaintiff and the Defendant;
2. Proof of address (FICA);
3. Marriage certificate;
4. Antenuptial contract;
5. Minor child’s or children’s birth certificate’s;
6. Parties pension fund details.
If the parties cannot come to an agreement regarding the terms of the divorce, they will be left with no other option but a contested divorce. When this happens, the appointed mediator will advise both parties to appoint the relevant legal representation.
With a contested divorce, the final terms of the divorce will be decided by the Court.
Important information to consider:
The marital regime:
There are two main marital regimes, one having two options, resulting in three matrimonial property regimes:
1. Marriage in community of property:
This is the default regime and requires no registered antenuptial contract. The parties are jointly responsible for any debt incurred by one’s spouse, which includes any debt incurred prior to the marriage. All assets and liabilities of both parties are joined into a common estate which is owned equally by both parties.
2. Marriage out of community of property without the accrual:
There is no sharing of any assets, debts or liabilities. Each party’s estate remains their exclusive and sole property before, during and after the marriage.
3. Marriage out of community of property with the accrual:
Should the parties want to dissolve a marriage out of community of property with the accrual, all the assets that were accrued during the marriage are calculated and the value of both party’s estates from before the marriage are looked at. The party with the larger estate will give the other party half of the difference between the two estates. Any increases or decreases in each party’s estate are shared.
When the parties of a divorce are in agreement regarding the terms of the divorce, but wish to have an Attorney assist them with the legal administration, it is called an Attorney Assisted Divorce. When the parties request this, we assist them in issuing the summons, giving instructions to the sheriff for service of the summons upon the Defendant, making arrangements with the Family Advocate, and represent them during the Court appearance.
An Attorney Assisted Divorce is thus the same as a Self-Help Divorce, only with additional legal support.
ATTORNEY ASSIST (Option 1)
What is an Attorney Assist (Option 1) Divorce at De Beer & Claassen? The parties are in agreement with all the terms of the divorce, but wishes to have an Attorney to assist the parties to issue the summons, give instructions to the sheriff for service of the summons upon the Defendant, arrangements with the Family Advocate and to appear in Court on the allocated trial date.
The process of an Attorney Assist (Option 1) at De Beer & Claassen:
1. Client to complete the online questionnaire;
2. Once the questionnaire is completed De Beer & Claassen will provide the client with a mandate form to be completed, the client must pay the retainer fee and submit the required documents (an online profile will then be created for the client to track the progress of his/her matter);
3. De Beer & Claassen will draft the following:
3.1. Combined Summons;
3.2. Particulars of claim;
3.3. Annexure “A” where minor children are involved;
3.4. Settlement Agreement;
3.5. Statistic Form;
3.6. Application for trial date;
3.7. Notice of Set down;
4. Once all the documents are finalized, De Beer & Claassen will arrange the following:
4.1. The parties to sign the settlement agreement;
4.2. Issue the summons at the relevant Regional Court;
4.3. Arrange with the relevant Sheriff for service of the summons upon the Defendant;
4.4. Submit the settlement agreement to the Family Advocate for approval;
4.5. Apply for a court date and inform the client of the date;
4.6. De Beer & Claassen will draft the Notice of Set Down;
4.7. One of our attorneys and the client (plaintiff) appear in Court on the allocated date.
Documents to be drafted by De Beer & Claassen:
1. Client’s questionnaire;
2. Mandate form;
3. Annexure “A” where there are minor children involved;
4. Combined Summons;
5. Particulars of claim;
6. Settlement Agreement;
7. Statistic form;
8. Application for trial date;
9. Notice of set down.
Documents to be submitted by the client:
1. Identity documents of the Plaintiff and the Defendant;
2. Proof of address (FICA);
3. Marriage certificate;
4. Ante nuptial contract;
5. Minor child’s or children’s birth certificate’s;
6. Parties pension fund details.
Cost of an Attorney Assist (Option 1)
The cost of an Attorney Assist Option 1 Divorce will be the following: R5 500.00 deposit – which includes the expenses for the sheriff and correspondent
A DIY Divorce allows you to find closure sooner, since the process is sped up when no consultations are needed. While you’re saving time, you will also be saving on legal costs, because we are only responsible for drawing up and lodging your final documents, and on court costs, because you won’t need to take a single step into a courtroom.
When the parties to a divorce are not in agreement over its terms, one of our attorneys can serve as a mediator in an effort to reach a mutually satisfactory conclusion. Once a settlement agreement is reached, the parties can choose to continue with either a Self-Help Divorce or Attorney Assisted Divorce.
DBC Attorneys will them assist with the drafting of the necessary court documents and assist with the divorce proceedings in whichever manner you request.
