How Much Will I Pay for an Uncontested Divorce?

Divorce is never an easy decision, but when both parties agree on the terms and are willing to part amicably, an uncontested divorce can be a much quicker and more cost-effective option. In South Africa, an uncontested divorce is one where both spouses agree on key issues such as the division of assets, child custody, maintenance, and other important matters, without needing a lengthy court battle. One of the most frequently asked questions about an uncontested divorce is: What does it cost?

What is an Uncontested Divorce?

An uncontested divorce occurs when both parties can reach an agreement on all the major issues involved in the dissolution of their marriage. These issues typically include:

  • Division of assets and liabilities
  • Child custody and visitation rights
  • Child and spousal maintenance

Since both spouses agree on these terms, there is no need for court hearings or a trial. Instead, the divorce can often be finalized through the submission of an agreement (a settlement agreement) to the court, which will review and approve it. The process is usually much quicker and simpler compared to a contested divorce, and the costs are generally lower.

What Does an Uncontested Divorce Cost in South Africa?

The cost of an uncontested divorce in South Africa is significantly lower than that of a contested divorce, as it avoids lengthy legal proceedings, court hearings, and expert testimony. However, there are still a few costs to consider:

1. Attorney Fees

Most uncontested divorces involve the services of an attorney to help draft and file the divorce papers, review and finalize the settlement agreement, and ensure all legal requirements are met.

  • Flat Fees: Some law firms offer a fixed or flat fee for uncontested divorces, which can range from R15,000 to R25,000 or more depending on the complexity of the case and the law firm’s pricing structure. Flat fees are typically offered when both parties agree on all terms from the outset.
  • Hourly Rates: Other law firms charge by the hour, typically ranging from R1,500 to R3,000 per hour. In cases where the divorce is relatively simple and there are few disputes to resolve, the total cost may be closer to the lower end of this range.

2. Court Fees

There are also court filing fees involved in an uncontested divorce. These fees are relatively low compared to the costs of contested divorces and typically amount to between R500 and R1,500. The exact fee depends on the court’s location and the nature of the divorce.

3. Other Costs

While the fees mentioned above cover the majority of the expenses in an uncontested divorce, there could be additional costs depending on your circumstances:

  • Administrative Fees: Fees for document preparation, copying, or courier services may add to the cost.
  • Mediation Costs: If there are minor disagreements that require mediation, you might incur mediation fees. However, this is often not necessary in an uncontested divorce, as both parties have already agreed on the terms.

Factors That Influence the Cost of an Uncontested Divorce

While uncontested divorces are generally affordable, there are a few factors that can influence the final cost:

  • Complexity of the Divorce: If there are complex assets to divide (e.g., businesses, properties, or investments), or if there are specific issues regarding child custody or maintenance, the cost may be higher, even in an uncontested divorce.
  • Attorney Experience and Fees: Experienced family law attorneys may charge higher fees for their services. However, their expertise ensures the divorce process is handled professionally, efficiently, and in compliance with the law.
  • Disbursements: Occasionally, a third-party service may be required, such as a process server to serve divorce papers or a financial expert to assist with asset valuation. These additional services can increase the cost slightly.

Benefits of an Uncontested Divorce

In addition to the lower cost, an uncontested divorce offers several key benefits:

  1. Quicker Process: Since the spouses are in agreement, the process is usually quicker. An uncontested divorce can be finalized in as little as 1-3 months, compared to a contested divorce, which can drag on for a year or more.
  2. Less Stressful: Uncontested divorces are less adversarial, meaning that the emotional toll is often less intense for both parties, especially if children are involved.
  3. Privacy: Because uncontested divorces are typically handled through a settlement agreement, they are more private and don’t require public court hearings or trials.
  4. Control Over Outcomes: Both parties have the opportunity to agree on the terms of the divorce, which gives them greater control over the outcomes, rather than leaving these decisions to the court.

How Burger Huyser Divorce Attorneys Can Help

At Burger Huyser Attorneys, we understand that a divorce, even an uncontested one, can be a difficult and emotional experience. Our team of experienced family law attorneys is here to guide you through the process, ensuring that your rights are protected, your agreements are legally sound, and the process is as smooth and efficient as possible.

We offer affordable and transparent pricing for uncontested divorces, helping you navigate the legal complexities with ease. Whether you’re looking for expert advice or need assistance drafting your settlement agreement, we are here to help.

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;

Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE