Specialists in Civil Litigation, Family Law, Corporate and Commercial Law, Estate Planning & Insolvency.
Scholtz Attorneys, specialist Spousal Maintenance Lawyers in Roodepoort, have been in practice for over 22 years and is established as professional and well known in all maintenance 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 Family & 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.
Section 7 of the Divorce Act 70 of 1979 describes the payment of Spousal Maintenance during post-divorce. There are two descriptions as set out below:
Section 7(1)
A Settlement Agreement
This section provides parties who have a written agreement before the divorce. In this instance, the Court may grant a decree of divorce and an order to pay Spousal Maintenance.
Section 7(2)
An Order of Court
This section has a provision that in the absence of a written settlement agreement between the parties, the Court may consider making an order of payment to Spousal Maintenance when the Court is satisfied with the need thereof.
With no settlement agreement between the parties before the finalisation of the divorce, Section 7(2) of the Act requires the applicant to give evidence to the Court that they need maintenance. In this instance, the Court will determine whether maintenance is necessary. There are factors that the Court look at before awarding maintenance.
The factors that the Court considers in Spousal Maintenance are as follows:
The Court forms an overall assessment of all these mentioned considerations. It is, therefore, best to approach a Specialist Spousal Maintenance lawyer to guide you through all these different legal considerations. Scholtz Attorneys Roodepoort has the legal expertise and knowledge to ensure you get the best Family & Divorce lawyer advice and service in South Africa. Call us today for advice or make an appointment to see us.
