Uncontested Divorce
An uncontested divorce in South Africa, also known as a divorce by agreement, occurs when both parties in a marriage consent to divorce and reach a voluntary agreement on all ancillary matters, including but not limited to the division of their assets and liabilities, maintenance obligations, and, if applicable, the arrangements pertaining to the care and contact of their minor children. The uncontested divorce process is a streamlined procedure that can be outlined as follows:
The advantages of an uncontested divorce are significant: it generally involves less stress, lower legal fees, a quicker resolution, and more control over the outcome for both parties. Additionally, it tends to be less adversarial, thereby preserving a more amicable relationship post-divorce, which is particularly beneficial when children are involved.
Given the legal complexities and the requirement for the settlement agreement to conform to the law, it is advisable for individuals pursuing an uncontested divorce to seek legal advice to ensure that their rights and interests are adequately protected and the agreement complies with all legal standards.
- Mutual Agreement: The spouses must arrive at a mutual understanding and agreement on the termination of the marriage and all related issues.
- Settlement Agreement: The terms of this mutual agreement are encapsulated in a written document known as a Settlement Agreement or Deed of Settlement. This document captures the details regarding the division of assets, spousal and child maintenance, and living and visitation arrangements for the children.
- Drafting and Filing of Documents: The necessary legal documents, including the summons and particulars of claim, which now include the settlement agreement, are drafted and filed with the High Court or a Regional Court of the Magistrates' Court that has jurisdiction.
- Family Advocate Involvement: In matters involving children, the Office of the Family Advocate may be involved to endorse the agreement concerning the children, to ensure that their best interests are upheld.
- Court Appearance: In an uncontested divorce, a court appearance is still required, but it is usually procedural and may not necessitate the presence of both parties if they are properly represented. The appearance is to satisfy the court that the requirements for the divorce are met and that the settlement agreement is just and equitable.
- Issuance of Decree of Divorce: The court, after reviewing the documentation and ensuring that all statutory requirements are satisfied, will issue a Decree of Divorce. This final document legally dissolves the marriage.
The advantages of an uncontested divorce are significant: it generally involves less stress, lower legal fees, a quicker resolution, and more control over the outcome for both parties. Additionally, it tends to be less adversarial, thereby preserving a more amicable relationship post-divorce, which is particularly beneficial when children are involved.
Given the legal complexities and the requirement for the settlement agreement to conform to the law, it is advisable for individuals pursuing an uncontested divorce to seek legal advice to ensure that their rights and interests are adequately protected and the agreement complies with all legal standards.
Price List
Uncontested Local DivorceWestern Cape: R 8000.00. (Deposit R 4500.00)
Anywhere in South Africa: R 8500.00.(Deposit R 4500.00) Package includes: Summons, Particulars of Claim, Settlement Agreement, Parenting Plan (children), Family Advocate Endorsement, Statistics Form. |
Uncontested International DivorceWestern Cape: R 18 000.00 (Deposit R 10000.00)
Other Provinces: R 18 000.00 (Deposit R 10000.00) Package includes: Summons, Particulars of Claim, Settlement Agreement, Parenting Plan (children), Family Advocate Endorsement, Statistics Form. |
We have a 100% success rate in concluding our divorces, over the past 5 years.
