From little one custody to spousal upkeep – what to contemplate in a divorce

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  • Divorce can be a traumatic and confusing time that forces you to make difficult decisions.
  • Attorney Simon Dippenaar from SD Law and Associates shares what needs to be considered.
  • When you divorce, custody of all children together is usually awarded to a single parent, with the other parent having reasonable access.

Divorce can be a traumatic and confusing time, forcing you to make decisions you never thought you would have to make.

There may be things you are not thinking about that are important and that are informing you of how you are progressing in life. And that benefits you, your kids, and even your ex.

READ MORE | Why is January considered “divorce month”? A lawyer clears it up

Attorney Simon Dippenaar of SD Law and Associates says this is something to keep in mind:

Child care and contact

When you divorce, custody of all children together is usually awarded to a single parent, with the other parent having reasonable access. Or the parents opt for joint (shared) custody. If the parents cannot agree on childcare, the court can insist on a parenting plan.

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spousal maintenance

Under South African law, no one who is able to support themselves is entitled to maintenance. However, a court can order rehabilitating maintenance. This is based on the couple’s current and potential future financial capabilities, earning capacity, financial needs and commitments, length of marriage, and other factors.

In the case of rehabilitation support, the court estimates how much time the spouse in question needs to acquire the skills to re-enter the labor market.

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family attorney

In the event of differences of opinion between the parents, the family lawyer can be consulted. This civil servant assists the parties in the divorce to reach an agreement on issues such as foster care, visitation, and guardianship. The job of the family lawyer is to make a recommendation to the court that puts the best interests of the child first.

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