Every week, people across the Garden Route reach out to an attorney only after a divorce has already turned difficult. By that point, positions have hardened, emotions are running high, and the path to a fair resolution has narrowed considerably. It doesn't have to be that way.

If you are considering divorce, or if your spouse has already raised it, early legal guidance can make an enormous difference to the outcome for you, your children, and your finances.

Contested vs uncontested divorce: knowing the difference matters

Not all divorces are the same. An uncontested divorce is one where both parties agree on all the key issues: the division of assets, maintenance, and arrangements for the children. These matters can often be resolved relatively swiftly and cost-effectively, particularly with the right legal support guiding the process from the start.A contested divorce arises when the parties cannot reach agreement on one or more of those issues. These matters are heard in court and can take significantly longer to resolve. They also tend to be more expensive and more emotionally taxing. Early legal involvement, ideally before positions become entrenched, gives you the best chance of reaching an agreement without the need for protracted litigation.

Your marital regime affects the outcome

How your assets are divided depends entirely on the marital regime under which you were married. There are three possibilities:

• In community of property means that all assets and liabilities are shared equally between spouses. Everything accumulated before and during the marriage forms part of a joint estate, which is divided equally on divorce.
• Out of community of property without accrual means that each spouse retains their own estate. There is no sharing of assets on divorce beyond what is specifically agreed or ordered.
• Out of community of property with accrual means that each spouse's estate grows independently during the marriage, but on divorce, the spouse whose estate grew less is entitled to share in the growth of the other's estate. The accrual calculation can be complex and is often contested.

If you are unsure which regime applies to you, your antenuptial contract, if you have one, will confirm it. An attorney can help you understand exactly what this means for your situation.

Children, maintenance, and the Maintenance Court

Where children are involved, the stakes are even higher. Parenting plans, primary residence, contact arrangements, and child maintenance all need to be addressed, and the law is clear that the best interests of the child must always come first.

Child maintenance matters can be dealt with as part of the divorce proceedings or separately through the Maintenance Court, which provides an accessible process for establishing or varying maintenance obligations. An attorney can advise you on the most appropriate route depending on your circumstances and help ensure that any agreement or order properly reflects your children's needs.

Marcelle Zachas — Family Law & Divorce Attorney, George

Attorney Marcelle Zachas specialises in family law and divorce at Mosdell Pama & Cox's George office. With nearly two decades of experience, she focuses on practical, human solutions, whether that means guiding clients through mediation or representing them firmly in contested proceedings.

Marcelle's approach is straightforward: understand the full picture, explore every constructive option, and protect her clients' interests at every turn.

Ready to take the first step?

Book your consultation with Marcelle in George.