Uncontested divorces
We understand that navigating a divorce can be emotionally challenging. Our uncontested divorce service is designed to provide a straightforward and efficient legal process for couples seeking an amicable dissolution of their marriage.
Our experienced team is dedicated to facilitating smooth and timely proceedings, ensuring that all legal requirements are met with care and precision.
With our guidance, clients can approach this difficult time with confidence, knowing that their best interests are our priority.
The process of getting an uncontested divorce
Negotiate, draft, and sign the settlement agreement
The first step is to negotiate a settlement agreement (often also referred to as a “consent paper”) that outlines the terms of the divorce. This agreement covers issues such as property division, parental responsibilities and rights, and maintenance.
Once both parties have agreed on the terms, the settlement agreement is drafted and signed. It becomes a legally binding contract between the parties but must still be approved by the court when granting the decree of divorce.
Prepare and issue the divorce summons
Following the agreement, prepare and issue the divorce summons at court. The summons notifies the other party of your intention to divorce on the terms of your settlement agreement.
The summons must be issued at the court with jurisdiction over the matter (either a High Court or a Regional Court).
Serve the divorce summons on the defendant
The divorce summons must be served on the defendant by the sheriff of the court. This ensures that they are aware of the divorce proceedings and have an opportunity to respond if necessary.
Prepare for the court hearing
Once served, we can prepare for the hearing. This includes obtaining approval from the Family Advocate if children are involved, arranging a date with the court, and preparing the court file for the judge of magistrate.
Attend the Hearing in Open Court
The final step is to appear in court for the hearing.
The presiding judge of magistrate will hear evidence from the plaintiff (the party initiating the divorce) and then grant the divorce if satisfied that the marriage has irretrievably broken down.
The decree of divorce will then incorporate the terms of your settlement agreement.
In summary, an uncontested divorce in South Africa is relatively straightforward when both parties agree to its terms. Having a competent attorney by your side can make this process much easier.
Fees and Expenses
We understand that uncontested divorces can still be emotionally challenging.
That's why we offer transparent and predictable billing through our fixed rates and milestone-based billing system. With our fixed rates, you can have peace of mind knowing exactly how much your uncontested divorce will cost from the start.
Our milestone-based billing means you only pay for the legal services you need at each stage of the process, ensuring fair and tailored pricing.
Our fee for uncontested divorce normally ranges between R15,000.00 and R20,000.00 and depends on the compleity of your matter, the court in which it is heard, and the level of co-operation we receive from both parties.
Rest assured that our experienced team will handle your uncontested divorce with efficiency and empathy, while providing cost certainty every step of the way.
