A Step-by-step guide to getting an uncontested divorce
If you and your spouse have decided to end your marriage amicably and without any disputes over the division of assets, custody of children or maintenance, you may be eligible for an uncontested divorce. An uncontested divorce is a quick and cost-effective way to dissolve your marriage legally and peacefully. Here is a step-by-step guide to an uncontested divorce.
Step 1: Consult with an attorney
The first step is to find a reputable attorney you feel comfortable with who can assist you with drafting a settlement agreement that covers all aspects of your divorce. A well-drafted settlement agreement will cover the following issues:
Division of property (movable and immovable)
Liabilities (such as your personal loans, mortgage, or credit card debt)
Spousal maintenance
Maintenance of minor children
Contact with children
Pensions funds
Claims in terms of the accrual system (if applicable).
Documents you should bring with you to the first consultation with the attorney include the following:
Marriage certificate
Antenuptial contract (if applicable)
Identity documents (IDs) - for both spouses
Birth certificates of your children
Step 2: Sign the settlement agreement
Once you and your spouse have agreed on all matters related to your divorce, you must sign the settlement agreement (often called a "consent paper"). The settlement agreement will form part of the documents filed at the court.
Step 3: File the divorce papers.
The next step is to file the divorce papers (i.e., the summons) at the High Court or relevant Regional Court.
The summons will contain details about your marriage, for instance:
The date and place of marriage
names and ages of children (if any),
Grounds for divorce (i.e., why your relationship has broken down irretrievable breakdown)
The relief sought (in an uncontested divorce, the relief sought is a decree of divorce incorporating the terms of your settlement agreement)
If you live in Paarl, Wellington, or Franschhoek, you can get divorced in either the Western Cape High Court in Cape Town or the Paarl Regional Court. Read this article for more information.
Step 4: Serve the summons on your spouse
After the registrar has issued your summons, you need to serve a copy of the summons on your spouse personally through a court sheriff. This is to inform your spouse that you have initiated a divorce proceeding against them and allow them to respond if they wish.
The Paarl sheriff's details are as follows:
12 Castle Street
Lemoenkloof
Paarl
7646
(The Paarl sheriff also covers Franschhoek.)
The Wellington sheriff's details are as follows:
27 Church Street
Wellington
7655
Step 5: Appear in court
A court date can be arranged with the registrar after the summons has been served on your spouse. A notice of set down confirming this date is filed at court. On the date indicated on the notice of set down, you must appear in court before a judge or magistrate who will consider your case.
If satisfied, the judge or magistrate will grant a decree of divorce incorporating your settlement agreement.
Step 6: Update your records.
After obtaining a decree of divorce, you may need to update some personal records, such as:
Your identity document
Your passport
Your insurance policies
Your last will and testament
Contact us today if you need help with your uncontested divorce in Paarl, Wellington, or Franschhoek.
