C A Mather Incorporated



Divorce happens. Some advice on approach and procedure may help.

Unfortunately divorce does happen. The divorce procedure is summarised below. Emotions run high, and as we have stated on our FAQ page, it has become an industry for attorneys. Don’t let it. Try to sort the issues out before approaching a divorce lawyer. At the end of  the highly emotional, stressful and heartbreaking experience no one wins. Try to behave like sensible people and once you have sorted things out, then get the lawyers involved to get the divorce through.

The procedure in contested matters is as follows:

  • A summons is issued claiming all sorts of things. Mostly unrealistic.
  • If maintenance, interim custody or a contribution towards costs is required while the fight continues, something called a rule 43/58 application is brought.
  • The fight then continues – thats when you both pay. At the end of the fight the attorneys benefit and the children have suffered.

Very few contested matters actually end up with the parties “having their day in court”. In other words, they are drawn out and settled just before the court day, eventually costing R60000.00 to R160000.00 or more.

Who wins?