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What Does a Divorce Lawyer Do in Cape Town?

A divorce lawyer, typically an attorney, is your first point of contact for divorce proceedings in Cape Town. They handle:

Consultations: Assessing your case and advising on uncontested or contested divorce options.
Paperwork: Drafting summonses, settlement agreements, and other legal documents.
Representation: Appearing in Magistrates’ or High Courts, often without needing an advocate to save costs.
Mediation: Facilitating settlements for child custody, maintenance, or asset division and ANC accrual calculations (if relevant).

Our Divorce Lawyer Cost Estimator helps you plan your budget.

Roles of attorneys and advocates in divorce cases

Very often a client who comes to consult an attorney does not know the difference between an attorney and an advocate.

An attorney must complete his/her LL.B. degree and thereafter do articles at a law firm in order to be admitted as an attorney. An attorney deals directly with members of the public and takes his/her instructions from them. The attorney may appear in a Magistrate’s Court or a High Court.
An advocate on the other hand receives instructions directly from the attorney. The advocate also studies for a LL.B. degree, but thereafter goes to the “Bar” to do his or her pupillage under another advocate. The pupil who wishes to become an advocate will write a different examination to the candidate attorney who wishes to become an attorney. You need not become an attorney first in order to become an advocate.

Attorney vs. Advocate: Key Differences in Divorce

Role	Attorney	Advocate
Client Interaction	Directly handles client instructions	Receives instructions via attorney
Court Appearances	Magistrates’ and High Courts	SpecialiSes in High Court litigation
Divorce Role	Drafts documents, manages case	Handles complex court advocacy

The first person to consult in a divorce matter would be an attorney, and he/she will then decide whether it is necessary to instruct an advocate or not. Advocates are very often used when divorce matters are heard in the High Court as opposed to the lower court. Sometimes a divorce which parties initially believe will be uncontested, becomes contested and an advocate is required.

Cape Law chambers where advocates have their chambers - building from the outside - 70 Keerom Street in the Cape Town City Centre

The first person to consult in a divorce matter would be an attorney (“lawyer”), and he/she will then decide whether it is necessary to instruct an advocate or not. Advocates are very often used when divorce matters are heard in the High Court as opposed to the lower court. The attorney would first establish what the value of the assets is and whether the client can financially afford to pursue the High Court route as opposed to the Lower Court route.

The advocate may become involved in the divorce case either right from the start when the summons is drafted, or at a later stage when the matter eventually goes to court for hearing. Advocates are quite useful specifically as they have more High Court experience than attorneys, and sometimes also more experience in actual court work. They do not however only appear in the High Court but also in the lower courts. In Cape Town the offices of the advocates are all in close proximity to the High Court.

I personally seldom instruct advocates in order to save my clients costs. One should rather choose an attorney who is able to attend to the divorce without instructing an advocate, as advocates’ fees are very expensive.

FAQs: Attorneys and Advocates in Divorce

Who takes instructions for divorce proceedings?

An attorney takes your instructions, handling all client interactions and case preparation. Advocates are briefed by attorneys for specific court tasks, such as High Court litigation.

When should I hire an advocate for my divorce?

An advocate is typically needed for contested divorces or High Court cases, where their litigation expertise is valuable. Your attorney will advise if this is necessary.

How much does a divorce lawyer cost in Cape Town?

Costs vary based on case complexity. Use our Divorce Lawyer Cost Estimator for an estimate.

Case Study: Successful Uncontested Divorce in Cape Town

A Cape Town couple approached an attorney for an uncontested divorce involving child custody and asset division. The attorney conducted a thorough consultation, drafted all necessary documents, and facilitated mediation to reach a fair settlement. By the attorney handling the case directly, the need to involve an advocate was avoided, saving the clients significant costs. The divorce was finalised in the Magistrates’ Court within four months, with both parties satisfied with the outcome. The attorney’s expertise ensured compliance with South African divorce laws, including the antenuptial contract accrual calculations. This efficient process minimised stress and expense, allowing the clients to move forward confidently.

Need help with your divorce? Use our booking form to get started today.

Case Study: Contested Divorce Resolved in Cape Town

A Cape Town client faced a contested divorce involving disputes over spousal maintenance and property division. The attorney conducted an in-depth consultation, drafted legal documents, and assessed the case’s complexity. Due to High Court involvement, the attorney briefed an experienced advocate to handle litigation. The attorney managed client communication and strategy, while the advocate’s courtroom expertise secured a favorable settlement. The divorce was finalised within 18 months. By coordinating efficiently, costs were minimised as well as stress for the client, achieving a fair outcome. The team’s collaboration ensured the client felt supported throughout.

Facing a complex divorce? Use our cost estimator to get an understanding of what impacts the effort required.