Divorce Services
Divorce is hardest on the children. I know — I was one of them.
I am a divorce and matrimonial law attorney in Gqeberha (Port Elizabeth). I help parents protect their children, their rights of care and contact, and what they have worked for.
4.9 out of 5 — 45 Google reviews • 100+ Gqeberha families assisted • Divorce & matrimonial law specialists
Why I do this work
My parents divorced when I was a child. Having experienced divorce from a child’s perspective, I understand that the impact extends far beyond the courtroom. The uncertainty, emotional strain, and changes to family dynamics are realities that children often experience silently.
That is why I practise divorce law the way I do. When you sit across from me, I am not only thinking about the division of assets and the wording of the settlement agreement. I am thinking about the children who have to live inside the arrangement we draft, long after the court file is closed.
A parenting plan shapes a childhood.
I will be straightforward with you, I will tell you when you are wrong, and I will fight when fighting is what protects your children. But I will not manufacture a war that your family has to pay for — emotionally or financially.
— Tim van Rooyen, Admitted Attorney
If you are considering divorce, or have been served with papers, let us talk it through.
☎ Call 041 004 0086Book a ConsultationDownload Free guide on the steps of divorce
What you decide now, your children live with for years
Divorce is not just the end of a marriage. Within a few months you will make decisions about:
- Where your children live and how the week is divided
- How much time you get with them — and whether that holds up when circumstances change
- Who decides on schooling, medical care, religion and travel
- Whether your home must be sold
- Your pension — often the largest asset in the marriage, and the most commonly misunderstood
- Maintenance — what is fair, what is affordable, and what a court will actually order
Get these right and your children stay stable through it. Get them wrong — or sign something you did not fully understand — and you may be living with it for a decade, in a variation application you are paying for all over again.
There are no do-overs in a divorce order. It is worth getting right the first time.
Protecting your children and your rights as a parent
The Children’s Act requires that every decision be made in the best interests of the child. In practice, that principle is only as strong as the document it is written into.
Parenting plans that hold up. A watertight parenting plan sets out primary care, contact, holidays, schooling and decision-making in enough detail that it does not collapse at the first disagreement. Vague plans cause years of conflict.
Primary care and contact. Whether you are seeking primary care or protecting your right to remain a present parent, your position needs to be properly put before the court — not assumed.
Relocation and travel. If one parent intends to move, to another city or another country, the consequences for contact are serious and need addressing early.
Where the Family Advocate comes in. I prepare matters so that the Family Advocate’s involvement supports your children’s interests rather than delays your matter.
Shielding children from the conflict. Wherever it is possible and safe, I will steer a matter towards settlement or mediation — not because it is cheaper, but because children carry the memory of how their parents’ divorce was conducted.
Where there is abuse, intimidation or a risk to a child’s safety, mediation is not appropriate and I will say so plainly. In those matters we go to court, and we go firmly.
Protect your children’s interests from the start. The earliest advice is the most valuable.
☎ Call 041 004 0086Book a Consultation
Protecting your financial position
Marriages in community of property — the joint estate is divided, and what forms part of it is often disputed.
Marriages with accrual — the calculation is technical and frequently done wrong. It is worth checking properly.
Marriages out of community without accrual — your position may be weaker than you assume, and there may still be claims available to you.
Pension interest — commonly the single biggest asset in the estate. It must be correctly worded in the order or the fund will not pay out.
Immovable property — whether the house is sold, transferred or retained, and who carries the bond.
Forfeiture of benefits — in some circumstances a spouse can be ordered to forfeit part of their share of the estate.
What clients say
★★★★★ 4.9 out of 5 — from 45 Google reviews
“Tim Van Rooyen assisted me with my divorce. Very professional throughout and knowledgeable regarding substituted service. Explained every step of the process. Would highly recommend Tim as an attorney.”
— Myra Booth
“Brilliant, caring, honest and upfront with his approach in all my dealings with Tim Van Rooyen. Tim has the ability to bring calmness to a very difficult process of my divorce.”
— Antoinette Pote
“Tim has been an absolute pleasure while representing us with our case. While we are both living abroad, Tim handled absolutely everything all the way in South Africa with great professionalism, humour and empathy.”
— Thomene Dilley
Join the 100+ Gqeberha families who have come through this with the right advice.
☎ Call 041 004 0086Book a ConsultationHow this works
- First consultation — you tell me what has happened and what you want. Confidential. I tell you where you actually stand, including anything you may not want to hear.
- Strategy — we agree an approach: negotiated settlement, mediation, or litigation.
- Papers — I draft and file the summons, settlement agreement and parenting plan.
- Negotiation or mediation — where a fair settlement is achievable, we pursue it.
- Court — where it is not, I represent you.
- Finalisation — decree of divorce, and the registrations, transfers and pension endorsements that follow.
Speak to me before you sign anything
If you have been served with divorce papers, or you are considering divorce, the earliest conversation is the cheapest one you will have.
Confidential. No obligation. I will tell you plainly where you stand.
☎ Call 041 004 0086Book a ConsultationRead more on divorce in Gqeberha
- Uncontested divorce in Gqeberha — what has to be agreed, the documents you need, the full process step by step, and where uncontested divorces go wrong.
- How long does a divorce take in South Africa? — realistic timelines for uncontested and contested matters, what causes delay, and how to move things faster.
1.We want to get divorced amicably; what are my options?
There are several options. A settlement agreement can be reached through negotiations between the attorneys, or your attorneys may consider it necessary to go to mediation. In the meditation the aims at collaborative process where spouses and the mediator attempt to settle all their differences out of Court. It is best to consult with an attorney to decide which option is the best for you.
2. I want to divorce, my husband is fighting me on all aspects, what do I do?
There is no need for your husband to agree. You simply file a divorce summons and claim what is due to you in terms of the matrimonial assets and what is in the best interest of the minor children.
3.Who pays the lawyers?
Generally, each spouse pays his or her own lawyer. If you are a spouse in need of financial help, your attorney can request temporary support for you and attorney’s fees to help cover the costs of your representation, this based on your need and your spouse’s ability to pay
4. All of our assets are under my spouse’s name. Am I still entitled to something?
Yes. The general premise if you are married in community of property is that everything acquired before and during the marriage is to be split 50/50, regardless of title. There are many other factors that are important to consider, such as inheritances and pre-nuptial agreements.
5. My spouse does not want to get divorced. What can I do?
You do not need spousal consent to get divorced. You do not need to prove grounds for your divorce either. All the Court will require from you to dissolve your marriage is that you state, under oath, that, in your opinion, the marriage is irretrievably broken down.
6. I don’t know where my spouse is now staying, can I still get divorced?
Yes, there is an application you can bring in court for divorce summons to be served via e-mail, text message or even published in the newspaper.
7. How long does a divorce take?
It varies — uncontested divorces may take weeks to months, while contested matters can take longer depending on complexity.
8. What is the cost of hiring a divorce lawyer?
Fees depend on the nature of the divorce and services required. We provide transparent quotes tailored to your case.
9.Can mediation replace court proceedings?
In many cases, yes. Mediation can resolve parenting, property, and maintenance disputes without prolonged litigation.
10. What documents do I need to provide?
Marriage certificate, birth certificates, financial records, property information, and details regarding children’s care and schooling.