In a moment, we're going to be talking about divorce and how you can keep the costs down when you're going through a divorce or contemplating a divorce, ADMIN can be very costly. It's something that not many of us factor into a wedding or a breakup, or a birth or applying for a passport. There are always ADMIN costs associated and sometimes that at those costs are hidden expenses
which you don't know about. If you've got a question on the hidden costs or the unhidden costs of divorce, you're welcome to give us a call now and oh to one four four six oh five six seven, because we're going to be talking to attorney Rene Miller, owner of our Miller Attorneys, about the associated costs of divorce. Renee, good morning, thanks for joining us on this Sunday morning.
Good morning, thanks for having me.
How expensive is it to get divorced?
Well, I think ultimately they seen so hugely dependent on the proceedings in that being either whether it's contested or uncontested divorce, meaning if it's uncontested, ideally both parties are in agreement with the divorce and everything becomes a lot simpler.
It could ultimately estimate if you're working with an attorney at a fee of about fifteen thousand rand as opposed to a contested divorce where the parties are at loggerheads and not necessarily in agreement with various items, and there's a back and forth in exchange of correspondence around various issues of dispute, and it estimates it about between thirty thousand rand to one hundred and fifty thousand Rand. So the costs can escalate quite quickly as legal fees can become quite expensive.
Wow, that is expensive. I mean I knew that. I know that admin fees and processing fees and all that kind of thing can add up. When when you're starting to get up to the number of one hundred and fifty thousand, that is a lot of money for a.
Breakup one hundred percent. And so it does rest on the complexity of the divorce proceedings, as ultimately a divorce could last between two or three years, you know that's contested, just depending on how quickly parties really want to come to terms and reach some type of settlement that usually would narrow down the costs. But if parties continue to see themselves in dispute and we've got to go to trial on various aspects, then the costs do escalate.
Renee. What's the first thing somebody should do if their partner files for divorce, Well, the first.
Thing is please never ignore when receiving a divorce summons. Ultimately, if you're going to receive that summons, you're going to receive it from the Sheriff of the court, who's going to serve it personally on you and explain the nature of the proceedings. What you then have to do is you've got to realize that you've got ten court days. And what it means when I say court days is that court days does not incorporate a public holiday or weekend.
So those court days you've got is ten, and you've got to file your notice of intention to defend within those ten court days, and in the event that you fail to do that, it does mean that the court sees the proceedings as one that is uncontested or not defended, and very much will then proceed on the basis that, look, you know, the defendant is not interested in the proceedings.
We may move for a court order on the basis in terms of what the plaintiff, meaning the person who's filed for divorce what they've asked for in the papers. So it's very important that you take note of the summons that you're receiving and you actually defend it.
Well, now we've got a lessener asking about the comment you made about how the cost of divorce can get up to one hundred thousand plus, saying who is getting the hundred or who is taking the one hundred thousand rand?
So your points an attorney who will legally represent you, and you're paying your attorney fees, so that is the person you're playing is your attorney. So various attorneys, they costs very depending on the hourly rate. So one attorney might charge you one thousand and one an hour and a different one might charge you one thousand and nine hundred, valling on level of experience as well. Those things do come into play.
And often I think people when it's very acrimonious, want to outdo one another with the best attorney, and I suppose assign cost to that process.
Quite correct, Yes, quite correct, Renee.
Is it possible to do a DIY divorce and keep the costs down?
Absolutely, It's very possible. A lot of people ask me that question and the answer one hundred percent years. And you can approach the court in the area where you reside, right and you can go and speak to the clerk of the divorce court about the process for doing a DIY divorce. They're extremely helpful, so you'll sit down with them.
They'll take you through the procedural requirements and the documents that you might require, which would ideally just be coming along with your marriage certificate and your identity document as
the first means of initiating the process. Once you've sat down with the clerk of the court, what will then happen is they'll assist you in filling out the paperwork for formulating the summons and then you, as the person initiating the divorce again refer to as the plaintiff or then be required to serve that summons on the defendant, which is your spouse that you are divorcing. And remember that when you do the DIY divorce, your coughs then in a DIY divorce is going to be really just
the payment of the sheriff of the court. So those costs estimate between about eight hundred to two thousand rand, which is which might be the only costs that you
face when you do a DIY divorce. One thing that I will say our work from the back end when doing divorce proceedings where I see people make so many errors and as a result of a DIY divorce, The best possible advice that I can give someone doing a divorce of that nature is just at one point in the proceedings, consult with an attorney to take you through the consequences of the divorce so that you understand the type of matrimonial system that you've entered into and what
are the consequences and what your rights are in terms of the type of matrimonial system that you've entered into.
I want to pick up on that Renee hold on one moment. If you're listening to this conversation. My guest is Renee Meller at and owner of our Miller Attorneys, and we're talking about the costs associated with divorce and what you need to know if this is a process that you are currently going through or contemplating, and you're welcome to send questions to renown seven to five six seven one five six seven. We were just talking about what sort of type of marriage you might be in
and what might be associated with getting divorce? How does that work? Renee? What sort of different things are involved.
So you when you marry someone without entering into any type of agreement, the in South African law, by default, it means that you're married in community of property. And ultimately the three matrimonial systems that stand out would be one that is in community of property, one that is out of community of property where you have an anti natural contracting place, and then there's one that is out of community of property subject to the accrual system, so
your anti natural contact incorporates in a cruel system. So ideally those are the three standout matrimonial regimes. There are things in our law in South African law that relates to customary marriages as well, and so you you must be careful as to or not careful, but really do understand the type of matrimonial system that you're entering into when you marry someone.
Well, let's talk about that sort of cultural the differences in cultural and religious marriages, because there's been a movement in legislation in this regard. Can you update us.
Yes, one hundred percent. So when it comes to customary marriages, per say, in terms of the Act, the Recognition of Customary Marriages Act, it does say that there are various requirements that must be satisfied, and there's been recent case law to say that when you're marrying someone subject to a polygamous marriage, you ultimately, if you're taking a second wife, you need to make sure that you're obtaining the permission of the High Court when it comes to the type
of matrimonial system that you're entering into with the second wife. It's so important that that must be done. It's a requirement. Ultimately, what it means is then you'd be faced with the reality of with the second wife, how it's going to impact her in terms of the in the event that
they divorce, what assets she is going to be entitled to. Also, what's important to make mention of is that there is a new law that is you know, you know, being tabled in Parliament that speaks to the recognition or the let me say, the consolidation of three existing laws, which it will be named the Marriage All. It is named the Marriage's Ball at this present moment in time, and what it will do is consolidate is three existing acts,
which would be the Marriage Act. Then as well as the recognition of a Customary Marriage Act as well as the Civil Unions Act. So what that would do in our law is that it would create a single and inclusive legal framework that accommodates for South Africa's diverse cultural and religious and social practices, which is going to be fantastic. But at this point it's still able. It's not past, but it is definitely in the making.
We have a listener in a who says I found FAMCA very helpful when getting my divorce. If you approach FAMSA for assistance with divorce, are they still costs associated?
Fanswer does come with costs, yes, and and FAMCA is wonderful. We use them a lot in terms of when we're talking about mediating in divorce, because what that would mean is to be a registered mediator that will sit down. That's that's a neutral party sitting down with both parties in the divorce process and trying to mediate and resolve the most contentious issues of the divorce in order to help them achieve some type of settlement agreement.
We haven't even touched RENEE on what divorce, how the costs might be impacted of a divorce when they are children involved, and then there are maintenance agreements that need to come into play and parenting agreements that need to be put in place. How does that all work?
So how that works is when they or minor children that are involved in divorce proceedings. The reality is that there's no doubt about the fact that the kids are going to be affected, and so the court ultimately is only concerned about first and foremost the minor children and their best interest. No divorce is going to go through without the stamp of approval of the family Advocate, right, and that the Family Advocates office is it's sort of governed by the Act to the extent of saying that
the best interest of the minor children. Children will always be of highest priority. So whether it be in the High court that you're divorcing or in the regional court, it doesn't matter. The family Advocate needs to give their stamp of approval to say we can see that the kids or the child is being cared for.
Is it pard and parcel of the same process or is it a separate process the divorce So it all plays into the same process.
Yes, and it's not to say that it's going to impact the costs. But when you're divorcing with kids involved, you generally would incorporate a document called a parenting plan into the divorce s freed proceedings, as it might be so helpful just to deal with all those aspects in one document, as opposed to having a separate parenting plan. That is, it's quite a lengthy document, but it incorporates all the aspects when it comes to the living arrangements
of the minor children. Who's going to be the primary caider way are the kids going to primarily reside? Is it with mom or with dad? And then who's going to have a reasonable contact with the kids to the extent of how often do I see the kids? Do I see them every weekend if we alternate week in, or is it going to be the existence of shade care between mom and dad, so that being kids live with mom for one week and then alternatively swapt to dad for the next week.
We've got two accounts on the White Upline of people that are doing it themselves. One saying, as it was not a contested divorce, a friend went to the court by himself, did everything, is not a lawyer and his wife did not go and another saying a friend of mine is in the process of divorce. She'd been married for forty four years in community of property. Her divorce will be finalized on the fifteenth of August, uncontested. She's doing it through the quarter. Cost was two hundred Can
that be right? Two hundred, Yes, it.
Can be right. Remember I said to you, when it comes to the sheriff of the court, it very so the sheriff will give you a quotation and say to you it's going to cost me either two hundred gen, eight hundred jen or one thousand and five hundred ten to serve the summons on the defendant, So that that is a cost that is valuable to the Sheriff of the court.
What are some of the hidden Costnay, that people may not expect.
I don't necessarily, I wouldn't like to think of it as hidden costs, because when you engage the services of an attorney, they'll provide you with the quotation, and they'll provide you with a mandate which is very detailed in terms of what the costs are going to be when you engage in the proceedings.
So maybe just things like going to home affairs to get your ID in your new surname your unmarried.
Surname very important, yes, correct. And also when you when you've completed the divorce process, remember to go to home affairs with your de order to update the system so that you are reflected as divorced.
Renee, what are the current statistics of divorce in our country? Do you know?
I think they are fairly high. And the reason why I say that is engage it on my practice. If I look at in a in the space of a month, I picked up at least three or four divorces in the space of a month.
So and is that more than previously or is it sort of yes? OK, so you would say that there's still an increasing number of people getting divorced. Yes, absolutely, Wow, that's so interesting, Renee. Anything else that our listeners should know about a divorce, be it a DIY divorce or a divorce through lawyers.
I think the best possible advice that I can give anyone in divorce proceedings is please remember that when you're signing a content paper, that document is legally binding. It's a contractual agreement between yourself and your expouse to be, and once the terms of that consent paper has been made an order of court. It weighs heavy. Take the time, if you're doing a DIY divorce to consult with an attorney so that they can explain the legal consequences to you.
Because in the event it's made an order of court and now you have to live out the terms of that consent paper. Now you feel the force and effect of it and go I don't necessarily agree with it. It is very difficult and very costly to approach the court to vary the order.
Renee Mellow, how can people get in touch with you if they'd like to do so.
I have a website it's called our Miller Attorneys. They can reach out to me there. I'll have a TikTok account which is renamed Illegal. We are often post advice on divorces and very a large number of other legal aspects as well, for just quick tips.
Thank you so much for joining us on this Sunday morning. That's Renee Miller, attorney and owner of our Melo Attorneys. And as you heard there, she's got a website and you can even reach out to her on TikTok.