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Spousal and child maintenance
How i can help you
Navigating spousal and child maintenance issues requires careful consideration and legal expertise. At Liza Koch Attorneys, we offer comprehensive assistance in approaching the maintenance court for new claims and addressing unpaid or arrear maintenance.
It is also an unfortunate reality that finances are extremely difficult to navigate during divorce proceedings. Whether the divorce is pending in the High Court or Family Court, we can assist with an Application to Court to apply for interim maintenance to alleviate the pressures until settlement of proprietary issues is reached.
Contact us for assistance with approaching the maintenance court in respect of new maintenance claims as well as claims in respect of unpaid/arrear maintenance.
The Process
1. Planning The Case
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2. Evaluate Situation
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3. File The Case To The Court
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4. Gather More Information
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Our Divorce Services
Uncontested Divorce
In the event that you and your spouse have already made the decision to proceed with a divorce, let us assist you with a speedy uncontested divorce.
This process includes the issuing of a divorce summons and compiling a settlement agreement detailing the agreement reached in respect of all relevant issues, including dealing with the proprietary issues as well as the minor children’s care and contact.
Contact us or schedule an appointment today to commence the process.
Contested Divorce
South African divorces are based on a “no-fault” system which means divorces can be granted even if one party does not want to divorce.
A divorce is contested when the spouses disagree on the proposed terms of their divorce, usually in respect of the division of assets, financial consequences and minor child primary care, contact & maintenance.
A contested divorce can take anywhere from 3 months to 2 years to finalise.
Our expert & compassionate legal representation can make a world of difference when dealing with the emotional trauma of going through a contested divorce.
The process includes the issuing of a divorce summons, the exchange of pleadings in accordance with the court rules and, unless settlement is reached during the litigation process, a trial in court.
The litigation process involves dealing with the financial implications of the divorce as well as the wellbeing of minor children.
It is a common misconception that one cannot divorce a missing or unwilling spouse or a spouse who is permanently resident overseas.
As a rule a divorce summons in South Africa must be served on the other party by way of personal service on him or her by a sheriff of court.
If you know that your spouse is resident in South Africa but you are not sure exactly where or your spouse is deliberately frustrating or delaying the service process, we can assist by bringing an application for substituted service whereby we request the court’s permission to serve the summons in some other way other than personal service, i.e. service via electronic communications.
In the event that you know that your spouse lives outside South Africa we can assist with an application for edictal citation whereby we request the court for an order to allow us to serve the divorce summons in another manner than personal service in South Africa.
