SCHOLTZ ATTORNEYS

TOP DIVORCE LAW FIRM IN ROODEPOORT

Specialists in Civil Litigation, Family Law, Corporate and Commercial Law, Estate Planning & Insolvency.

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SPECIALIST DIVORCE LAWYERS IN ROODEPOORT

Scholtz Attorneys, specialist Divorce Lawyers in Roodepoort, have been in practice for over 22 years and is established as professional and well known in all spheres of divorce procedures. Our senior attorney, Mr Jaco Scholtz, was admitted as an attorney in 1997 and successfully practised under the Scholtz Attorneys banner since 1998.

Our well-established, specialist divorce law firm will afford you professional knowledge, experience, personnel, and infrastructure that enable us to render the best quality of service to all our clients. All the attorneys and other legal employees at Scholtz Attorneys are the most competent staff purposely selected to afford you, our clients, the best possible divorce service at a competitive price.

What does Divorce entail in South Africa?

Divorce is the termination of a marital union cancelling all legal duties and responsibilities of the marriage. The ending of the married couple also implies the dissolving of the bonds between them. Unlike annulment, where the marriage is declared null and void, Divorce is sanctioned in a court by a legal process. Spousal and child support, child custody, division of debt and distribution of property are all issues that may be part of the Divorce process.

What Are the Valid Reasons for Divorce In South Africa?

A Court will only grant a Divorce when there is evidence that the relationship in the marriage has irrecoverably broken down at the hearing.

A High Court and Magistrate Court can initiate Divorce proceedings.

According to Section 4 of the Divorce Act 70 of 1979, the initiator of the Divorce proceedings must prove to the Court that the marriage has irretrievably broken down.

Some of the factors that the Court will consider regarding the irretrievably broken-down marriage will be:

  • If the parties have not lived together continuously as a married couple for at least one year;
  • The complete breakdown of communication between them;
  • That they do not love or respect each other anymore;
  • Section 5 of the Divorce Act 70 of 1979 discusses a party’s mental illness or continuous unconsciousness in a marriage.

Proceeding with a Divorce in South Africa

Parties can contest Divorce in two ways:

  • Uncontested Divorce is where parties agree to all relevant terms applied in the Divorce. The uncontested Divorce is a quicker and cheaper version of Divorce;
  • Contested Divorce is where the parties cannot agree on the Divorce terms. In this instance, we request the Court to decide.


Divorce proceedings can become problematic when parties cannot agree on the divisions of assets and liabilities, spousal or child maintenance, parental rights and responsibilities; these might include supervision of minor children, guardianship, contact, decision making, etc.

As can be seen from the above, it is best to approach specialist divorce lawyers when you decide to start divorce proceedings. Scholtz Attorneys Roodepoort have the legal expertise and knowledge to ensure you get the best Divorce lawyer advice and service in South Africa. Call us today for advice or make an appointment to see us.