Tim van Rooyen & Associates Attorneys

22/05/2026

Going through a divorce shouldn't feel like a second crisis.
At Tim van Rooyen & Associates, we've spent over a decade guiding Port Elizabeth (Gqeberha) families through divorce, mediation, maintenance and child custody — with calm and clear advice.
✔ Direct attorney access — not handed off to a junior
✔ Transparent fees agreed upfront
✔ Empathy as much as expertise
Whether it's an uncontested split, a contested matter, or you simply don't know where to start — book a confidential consultation today. The first conversation is just that. A conversation.
📞 041 004 0086
📍 58 Roosevelt Road, Glendinningvale, Port Elizabeth
🌐 timvanrooyenatt.co.za

Call now to connect with business.

12/03/2026

Divorce is one of the most emotionally difficult experiences a person can go through.
However, one of the biggest mistakes people make is allowing emotions to dictate legal decisions.

In many cases, people focus on “winning” against their spouse rather than resolving the issues in a practical and cost-effective way. Unfortunately, this often leads to longer disputes, higher legal costs, and unnecessary stress for everyone involved — especially children.

Here are three practical tips to keep in mind:

✔ Focus on the outcome, not the conflict
The goal should be a fair and workable settlement that allows both parties to move forward.

✔ Full financial disclosure is essential
Transparency helps avoid delays and unnecessary litigation.

✔ Settlement is often the best route
An uncontested divorce is usually quicker, less stressful, and far more affordable than a contested matter.

Every situation is different, and getting early legal advice can make a significant difference in how smoothly the process unfolds.

If you have questions about the divorce process or your legal rights, it is always best to speak to a qualified attorney who can guide you through the process. Feel free to contact us today for help.

17/10/2025

A bit of Friday humour .

02/10/2025

💔 Facing Divorce? You Don’t Have to Go Through It Alone.

Divorce is tough — legally, emotionally, and financially. Our experienced divorce attorneys are here to guide you through the process with compassion and strength. Whether it’s settlement negotiations, custody arrangements, or protecting your assets, we’ll stand by you every step of the way.

✅ Clear, practical advice
✅ Affordable, transparent fees
✅ Dedicated support throughout your case

📞 Contact us today for a confidential consultation and take the first step toward your fresh start.

10/09/2025

💔 Need a Divorce? We’ve Got Your Back.

Going through a divorce is tough — legally, emotionally, and financially. At Tim van Rooyen & Associates, we take the weight off your shoulders. Whether it’s child custody, maintenance, property division, or protecting your rights, we fight for your peace of mind.

📍 Based in Port Elizabeth (Gqeberha)
⚖️ Specialists in Divorce & Matrimonial Law

✅ Clear advice
✅ Strong representation
✅ Compassionate support

👉 Send us a message today — let’s get you through this, together.

25/08/2025

Protect what’s yours during divorce. Our experienced attorneys fight for your best interests – start with a confidential consultation.

From now and until the end of September 2025 we are offering all new clients a R1000,00 gift voucher to be used towards their legal fees with us. This can be used for example for a first consultation to get informed of your rights regarding the divorce process.
Contact us today to find out more.
As always t and c's apply.

15/08/2025

Dividing Property in a South African Divorce: What You Need to Know

When a marriage ends, dividing property is often one of the most emotionally and financially challenging aspects of divorce. In South Africa, how assets are divided depends largely on the marital property regime you chose when you got married. Understanding these regimes — and how antenuptial contracts work — can make the process clearer and less stressful.

At Tim van Rooyen and Associate Attorneys, we specialise in guiding clients through the complexities of South African divorce law and ensuring fair outcomes in every property division case. Whether you’re facing an amicable settlement or a contested divorce, having the right divorce attorney in Port Elizabeth by your side is essential.

1. Marriage in Community of Property

If you got married without signing an antenuptial contract, you are automatically married in community of property.
This means:

All assets and debts are shared equally, regardless of who acquired them.

There is one joint estate — everything you owned before and during the marriage is combined, with a few exceptions (e.g., inheritances excluded by will).

On divorce, the joint estate is divided 50/50, unless there is a valid forfeiture order granted by the court.

💡 Example: If one spouse bought a house before the marriage, it becomes part of the joint estate and is divided equally upon divorce.

2. Marriage Out of Community of Property Without the Accrual System

If you signed an antenuptial contract excluding the accrual system, each spouse keeps their estate separate.

Assets owned before and acquired during the marriage remain yours.

You are not entitled to share in your spouse’s growth in wealth.

Debts are also separate — you are not responsible for your spouse’s liabilities.

💡 Example: If one spouse starts a business during the marriage, the other has no claim to the business value on divorce.

3. Marriage Out of Community of Property With the Accrual System

This is the most common modern choice in South Africa. It offers fairness while protecting assets.

Each spouse has a separate estate during the marriage.

On divorce, the spouse whose estate has grown more must share part of that growth (the accrual) with the other.

Assets listed as excluded in the antenuptial contract (e.g., certain inheritances) are not included in the accrual calculation.

💡 Example: If one spouse’s estate grew by R2 million and the other’s by R500,000, the difference (R1.5 million) is shared equally, so the wealthier spouse pays R750,000 to the other.

4. Why the Antenuptial Contract Matters

An antenuptial contract (ANC) is a legal agreement signed before marriage that sets out how your property regime will work. It:

Protects pre-marriage assets from being automatically shared.

Allows couples to choose between excluding accrual or applying it.

Can include special clauses to protect family businesses, inheritances, or specific properties.

Without an ANC, you are automatically married in community of property — and this cannot be changed after divorce proceedings have started.

5. Practical Tips When Dividing Property in Divorce

Get a professional valuation of significant assets (houses, vehicles, businesses).

Keep a clear record of what you owned before the marriage.

Consult a Port Elizabeth divorce lawyer early — mistakes in property division can have long-term financial consequences.

Consider mediation — it’s often less costly and less stressful than court battles.

💬 Final Word
Property division in a South African divorce isn’t one-size-fits-all — it’s determined by your marriage contract and the law. Tim van Rooyen and Associate Attorneys have extensive experience helping clients across Port Elizabeth navigate these complex matters with professionalism, clarity, and care.

📞 If you’re looking for an experienced divorce attorney in Port Elizabeth, contact Tim van Rooyen and Associate Attorneys today for a confidential consultation. Let us protect your rights and secure the best possible outcome for your future.

Picture from : Loan Stock photos by Vecteezy

16/05/2025

Eventually your children get old enough to see which parent was the problem.

07/05/2025

How can you divorce if you do not know where your spouse is ???

Divorce is rarely easy, but it becomes even more complicated when you cannot locate your spouse. Whether you’ve lost touch over time or they’ve deliberately disappeared, you may still be able to move forward with a divorce—though it will require additional steps and court approval.
At Tim van Rooyen and Associates, we understand that every divorce is unique. Here’s what you need to know if your spouse is missing and you’re ready to end your marriage.

1. Due Diligence: Make Every Reasonable Effort to Locate Your Spouse

Before a court will allow a divorce to proceed without the other spouse’s involvement, you must show that you’ve made a genuine effort to locate them. This is called “due diligence,” and it typically includes:
Contacting known friends, family members, or past employers
Checking social media platforms
Searching online databases or public records
Reviewing postal and utility records
Doing a credit search
Document every step you take—judges want to see that you've exhausted all reasonable options.

2. File for Divorce and Request Substituted service

Once you’ve filed for divorce with the court, the next step is to serve your spouse with notice of the proceedings. If you can’t locate them, you can file a motion for “substituted service ”.
This means you ask the court for permission to notify your spouse by email, social media and even publishing a notice in a local newspaper (usually in the area where they were last known to reside).

3. Wait for the Response Period to Expire

After the service via other mean or a notice has been published, the court allows a specific time for the spouse to respond—often 10 business days. If there’s no response, you can move forward with requesting a default judgment.
​
4. Request a Default Judgment

f your spouse still hasn’t responded after the waiting period, you can ask the court to grant a divorce by default. This means the court will proceed without your spouse’s participation.
Note: While you may be granted the divorce, courts may limit certain types of relief in a default judgment—especially concerning property division, custody, or support—unless adequate evidence is provided.

Should not be able to find your spouse feel free to reach out to us for assistance.

30/09/2024

As the year comes to a close, we understand that many individuals may be contemplating significant life changes, including divorce. At our law firm, we are committed to providing sensitive, expert guidance to those navigating this difficult process. In light of the upcoming year end, we are offering a special promotion on our legal fees for divorce services, offering a 20% discount on fees until 13th December 2024.

This limited-time offer is designed to make our comprehensive and compassionate legal support more accessible to those in need. Our experienced team is dedicated to ensuring that each client receives personalized attention and care, helping to simplify the complexities of divorce proceedings. By taking advantage of our end-of-year special, you can rely on us to handle your case with the utmost professionalism and discretion, allowing you to focus on moving forward.

Should you wish to commence with a divorce feel free to contact us