Divorce Law

We will diligently guide you

Family Law

We will diligently guide you

Being confronted with interpersonal conflict in one’s household is an exceptionally traumatic and frustrating experience. Moreover, having to navigate the cold and often cruel environment of the South African Judiciary and its family court system whilst going through such a conflict can prove to be too much to bear for many individuals. At C Diedericks Attorneys Inc. we fully understand and appreciate the gravity of such issues and strive to diligently guide you through all the legal steps relevant to your matter. On the flip side our offices are equally competent to advise and help prospective spouses in the drafting, execution, and registration of ante nuptial contracts to govern their matrimonial property regime.  

Divorce – Contested, Uncontested and Spouses Located Overseas

Has your marriage not worked out the way in which you hoped? Or are you tired of being stuck in an endless loop of conflict, broken promises, and disappointment? Making the decision to end your marriage is a serious one. The divorce process itself and a lack of knowledge thereof plays a considerable role in your decision. Our firm is qualified, competent, and motivated to help you in navigating the process from start until finish. When you are considering getting a divorce it is important to understand that there exist two main options, namely, an uncontested divorce and a contested divorce.

Unopposed Divorce

This usually occurs when the spouses agree on the terms on which they want to exit the marriage such as for example: the division of their respective financial assets; care contact and primary residence of their minor children; maintenance of their children; maintenance between spouses and division of matrimonial assets. These terms are then set out in a settlement agreement drafted by an attorney at our offices and the legal process which follows ensures that a decree of divorce is granted making the terms of the said agreement an order of court. In general, unopposed divorces are far cheaper and faster than opposed divorces due to the parties being able to reach settlement. Our offices usually offer our unopposed divorce services on a fixed once off fee basis. 

Opposed Divorce

The opposite of an unopposed divorce, where the spouses are unable to agree on terms for their divorce. Statistics show that more than 90% of all divorces which start opposed end up being settled. In the few cases which parties are unable to reach settlement of any kind, the matter will be heard in a trial court and judgement will be given by a presiding officer. Opposed divorces are more expensive and time consuming than unopposed divorces. 

Are you or your spouse located outside South Africa?

Every year more and more South Africans are making the choice to emigrate in search of safety and better economic opportunities. The breakdown of familial relations because of the stressors of emigration is a common phenomenon. Many couples find themselves split between a foreign country and South Africa, not knowing how to go about getting divorced. Our firm can assist you in getting a divorce no matter where you or spouse are in South Africa, and no matter in which other country the other party is located. 

Domestic Violence Protection Orders

If you find yourself in the unfortunate position of being the victim of abuse from someone whom you are in a domestic relationship with our firm can help you seek relief through our court system. We have extensive experience in matters relating to the application for protection orders in terms of the Domestic Act 116 of 1998. Our firm will assist you with the entire process including drafting of the necessary documentation, lodgment of your application with the clerk of the court, court appearances in relation to your matter and argument of your case if needed. In addition, we offer representation for persons against whom applications for protection orders have been made. 

Ante-Nuptial Contracts & Co-Habitation Agreements

The conclusion of an ante nuptial contract between spouses is essential for spouses who wish to avoid the stringent and limiting effects of being married in community of property. We can assist you with choosing a matrimonial property regime which suits your needs and protects your individual interests. This includes the drafting, execution, and registration of an ante nuptial contract to regulate the matrimonial property regime of your marriage. Additionally, we offer an after-hours service to assist couples who wish to urgently sign an ante nuptial contract before they get married. 


If you are currently in a long-term domestic relationship in which you are living with your partner, but do not wish to get married we can assist you with the drafting of a co-habitation agreement to regulate the joint affairs of your relationship.

Change of matrimonial property regime applications

If you and your spouse wish to change your matrimonial property regime our offices can assist you with an application in terms of Section 21 of the Matrimonial Property Act 88 of 1984. 

 

How do we operate? – I want to get divorced or need help with another family law related matter, what should be my first step?

Our firm prefers to meet in person or via Teams Link with our clients to discuss your matter. The aim of this first meeting is to establish the following:

    1. To consider the various facts of your matter and present you with the possible options that you have in law.
    2. To discuss the time frame and cost implications of your matter.
    3. To address any other concerns that you might have.

What Will It Cost Me?

As attorneys we do not sell products, but rather our time and knowledge spent on a particular matter. As a result of the many unique features of contract drafting instructions, we are unable to provide set prices each and every type of instruction. Therefore, our firm will provide you with a quotes on a case by case basis after conclusion of our first consultation.

Am I guaranteed to be successful?

Family related litigation matters are in their essence unpredictable in nature. Therefore, it is always important to remember that we are unable to make promises or guarantees of the outcome. The only thing we can guarantee our clients is maximum effort and unwavering professional support in every task we engage in on their behalf.