TERMS AND CONDITIONS: UNOPPOSED DIVORCE SERVICE – PROVIDED BY ADVOCATE MUHAMMAD ABDUROAF

  1. The terms hereunder refer to the unopposed divorce services offered by the Trust Account Firm of Advocate Muhammad Abduroaf (the Firm). A written agreement would be entered into with the Firm. All fees would be paid into the Firm’s Trust Account.
  2. The fee for an unopposed divorce service is as follows:
    • R 15 000 – 00 (Fifteen Thousand Rand) if there are NO minor children involved; and
    • R 18 500 – 00 (Eighteen Thousand Five Hundred Rand) if minor children are involved.
    • Any additional work not stated herein will be charged separately at the rate or per item as stated in the LEGAL PRACTITIONER AND CLIENT INSTRUCTION MANDATE AND AGREEMENT signed by you.
  3. The above fee comprises the following, if applicable:
    • All consultation(s), email(s) (sent and received) and communications up until the divorce;
    • Drafting of the Consent Paper and/or Settlement Agreement and/or Parenting Plan (if applicable) based on the initial instructions provided. An additional fee may be applicable if further instructions are provided after a draft has been presented, etc.;
    • Work and expenses involved in starting and finalising the divorce; and
    • Any work beyond the finalisation of the divorce at court (where a party appears to give evidence in court) is not included in the above fee.
  4. If the divorce does not proceed after the summons has been issued, due to your request, then there shall be no balance due to you. You shall still be liable for the entire fee referred to above. The same applies if the Defendant (spouse) defends the divorce, and in which case, the firm may withdraw as your lawyer, unless separate arrangements are made with them.
  5. NB: It is understood that the fee for the divorce could cost more than the amounts stipulated above, which would depend on the facts of the case and the work and expenses involved. For example, if the Sheriff is required to serve the summons at the Defendant’s home or work, or additional disbursements and work would be involved, which are not anticipated. Another example could be if the Defendant is overseas and an application for edictal citation should be made to serve him or her via email or other means. Each case is different.
  6. You and your spouse shall co-operate fully in getting the divorce finalised within 3 (three) months. Should there be a delay in the finalisation of the divorce beyond 3 (three) months from the date the consent paper/settlement agreement has been signed by you and your spouse, due to your conduct and/or due to there being outstanding fees etc., then additional fees may be applicable for unnecessary extra time spent in finalising the divorce which could have been avoided.
  7. If there are minor children involved, the Family Advocate or Court may have issues with your settlement regarding the children, which may cause delays, and would justify further costs to be paid by you, not included in the above fee;
  8. If further work is required due to the following, then you (the client) shall be responsible for the additional costs:
    • Revise/rework the consent paper/settlement agreement (R 3500 – 00 a revise/ rework) with or without a consultation;
    • Postponement due to the Family Advocate or Court (R 3 500 – 00); and
    • Any other extra work as advised.
  9. You confirm that if you wish to make use of the divorce services, the following applies:
    • Full payment of all fees is received before an initial consultation is arranged, or otherwise agreed upon;
    • The agreed terms of the divorce are provided to the Firm when first consulting with them or soon thereafter;
    • All documents which need to be signed by you and/or your spouse (e.g. consent papers/power of attorney sent to you for signature, Annexure “A” for the Family Advocate, etc.) are returned to the Firm within 24 hours;
    • All original signed documents are sent to the Firm before finalising the divorce, which includes the Power of Attorney, other documents, Annexure “A” and Settlement Agreement or Consent Paper, etc. A failure to timeously send the originals may delay the finalisation of the divorce and cause additional costs to be charged;
    • The Defendant in the divorce is readily available to be served at the Sheriff’s Office in Cape Town, CBD, or an alternative Sheriff’s Office as advised. If service does not take place at the Sheriff’s Office, then an additional fee would be applicable, to be paid in advance before the divorce is set down and finalised. Furthermore, should the Defendant cause unnecessary costs to be incurred in relation to the service, then such costs are also to be paid in advance before the divorce is set down and finalised;
    • The Plaintiff in the Divorce is available on a day chosen by the Firm to attend to the divorce at the Western Cape High Court;
    • The Family Advocate and/or the Court have no issues with the Consent papers/settlement agreement in relation to the minor children, if any; and
    • No delays shall be caused by the Plaintiff and/or the Defendant.
  10. You further confirm that you shall provide the Firm with all relevant information regarding your matrimonial property regime, your children (if any) and your estate. You shall further ensure that the settlement agreement and/or consent paper and/or parenting plan that you and your spouse sign deals with all aspects regarding your children (if any) and your estate, and everything has been disclosed therein.
  11. You confirm that the divorce will not be set down for hearing unless the full fee and/ or additional fees as provided above have been paid to the Firm.