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Contested Divorce

A contested divorce occurs when spouses cannot agree on the terms and conditions of their divorce. The most common disagreements are in relation to child maintenance, childcare and visitation and the division of assets.

 

The court must then decide how to deal with the disputed issues.

The litigation process can sometimes take up to three years to conclude, causing prolonged emotional and financial harm to all family members involved.

This is why Bailey Haynes Inc. offers litigation services concerning contested divorces as well as divorce mediation services.

The process of a contested divorce includes:

Pleadings

The initial stage that helps establish the facts regarding the summons of the divorce and the defence, and provides a space for the defendant to make a plea and counterclaims.

Application for and set down of a trial date

Once application for the divorce has been processed – the court will allocate a trial date.

Discovery of documents

Evidence and documents must be presented to the court and the defendant must be allowed time to read such evidence before trial.

Further discovery / particulars

During this stage, parties are allowed to request additional documents that are relevant and need to be disclosed by either party.

Pre-trial conference

A pre-trial conference may be requested by either party or the court, and is held to consider a divorce settlement before the trial begins.

Trial

Day of trial - both parties have to attend court on this day.

Judgement

Judement passed by court regarding - child maintenance, childcare and visitation and the division of assets.

Bailey Haynes Inc – Divorce Lawyers in Cape Town

At Bailey Haynes Inc. our divorce lawyers in Cape Town aim to create a divorce process that is as free from the usual stressors.

We strive to lessen the financial and emotional burdens of divorce by always offering quality insight into your unique situation.

Contact Bailey Haynes Incorporated for expert legal advice.

 

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Who gets parental rights and responsibilities for the child?

Often a big question for couples when they decide to get divorced is what happens with their children.

In this article we will look at what does “rights and responsibilities” mean and who has them.

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Interim Protection Orders explained by our Attorneys in Cape Town

Have you been the victim of verbal, physical or emotional abuse?

If so, there are steps you can take to protect yourself and your property from individuals who intend to cause you harm.

In terms of the Protection from Harassment Act one can approach the Magistrates Court to get protection in the form of an Interim Protection Order which protects individuals from harassment which is not considered a crime.

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Corporal punishment - Explained by our Attorneys in Cape Town

What is corporal punishment? It has been defined as “any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light” by the United Nations Committee.

A National Survey was conducted in which it was found that 57% of parents use corporal punishment as their chosen disciplinary method and 37% of those parents use objects such as belts, wooden spoons etc., to carry out their discipline.

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