Are all divorces the same?

Currently, it is possible to get divorced in the Regional Court or High Court. Both courts have advantages and disadvantages.

The Regional Courts usually have backlogs due to the high number of divorces that have to be processed in a limited amount of court days. This delay often causes great frustration for the involved parties. If the divorce is opposed by the other party the delay could be even greater. As the travelling time to the regional courts are often shorter and it is not necessary to use an advocate to appear on your behalf, using this court may often be less expensive, but may take longer.

The High Court can process a greater amount of cases on a daily basis including divorces. It, therefore, means that as soon as the parties have reached an agreement the matter can be enrolled at the court within a number of days ensuring more rapid finalization of the divorce. The potential greater travelling time to court and the possible use of an advocate to appear on your behalf may mean that the process is more expensive.

As the order obtained in a divorce is final and binding on both parties, it is vital that legal advice be obtained. Often due to ignorance the parties reach an agreement which is made an order of court, which does not make provision for all the necessary arrangements regarding children, maintenance, transfer of assets, and many more important aspects. To correct this may be a costly and long process.

There are many other important aspects in a divorce that need to be looked at, such as contact between the parents and children, the extent of the maintenance responsibilities of the parties, the implications of ante nuptial contracts or marriages in community of property on the divorce, pension fund claims, and much more.

So next time you get a quote for a divorce, ask yourself the question what type of divorce are you getting?

You are welcome to contact us if you have any questions in this regard. We have reasonable fees irrespective of where you wish to get divorced.