Written by: Marni Huyser

13 September 2024

What Is The Quickest Way To Get A Divorce In South Africa?

Getting divorced is never easy, but South Africa’s legal system offers a faster, simplified option for those who qualify. This streamlined process can save you time, money, and emotional strain. In this helpful guide, we will explore the Simplified Dissolution of Marriage, the step-by-step process for an uncontested divorce, and when it might not be an option.

What Is A Quick Divorce?

A quick divorce or simplified divorce, often called an uncontested divorce, is the quickest and most cost-effective way to end a marriage legally. In an uncontested divorce, both parties agree on all key issues—such as asset division, child custody, and spousal maintenance—without the need for a court trial. The process involves fewer legal formalities, making it an appealing option for couples seeking a fast resolution.

However, it’s important to note that not all divorces qualify for this process. Several factors can complicate matters, requiring a more traditional and lengthier legal procedure.

The Step-by-Step Simplified Process To Get Divorced Immediately

  • Mutual Agreement: Both spouses must agree on key issues like property division, child custody, and maintenance.
  • File Divorce Papers: Once agreement is reached, the plaintiff (the spouse filing for divorce) prepares and files a summons in the appropriate Regional Court or High Court.
  • Serve the Summons: The summons is served on the defendant (the other spouse), either by a sheriff or privately.
  • No Contest: If the defendant agrees to the terms, they sign a notice of intention not to defend the divorce.
  • Court Date: A court date is set, during which the judge reviews the agreement.
  • Final Divorce Decree: The court grants the divorce decree if everything is in order.

With both parties in agreement, this entire process can be completed in a matter of weeks, mainly if both spouses cooperate fully.

Key Issues to Agree On for an Uncontested Divorce

For a simplified dissolution of marriage to proceed smoothly, the following points must be agreed upon:

  • Child Custody and Maintenance: If there are children involved, both parties must agree on custody arrangements and child maintenance.
  • Division of Assets and Liabilities: The division of property, savings, debts, and any other joint assets must be settled.
  • Spousal Maintenance: Whether one party will provide spousal support must be agreed upon if applicable.

When Simplified Divorce Dissolution Isn’t an Option

Unfortunately, not all couples are eligible for a simplified or quick divorce. Several common issues can complicate the process, requiring more traditional legal intervention:

  • There Are Dependent Children Involved: If there are minor children, the court may require a more thorough review of the parenting plan and child maintenance agreements to ensure the children’s best interests are protected.
  • The Wife is Currently Pregnant: A pregnancy can complicate an uncontested divorce, especially if questions about paternity or future support obligations arise. The court may delay the divorce until after the child’s birth to address these matters.
  • The Parties Cannot Agree on Asset/Debt Division: If there is any dispute over how to divide assets or liabilities, the case becomes contested. This means a longer process that may involve court hearings to determine a fair division.
  • One Side is Pursuing Maintenance/Support Claims: If one spouse seeks spousal maintenance or child support and the other does not agree, the matter may need to be litigated, making simplified dissolution impossible.

How much does it cost to get an immediate divorce in South Africa?

Depending on several factors, an uncontested divorce can cost between R8,000.00 and R15,000.00, excluding VAT and disbursements. However, divorce costs can vary based on the specifics of each case. To better understand the process and the expenses involved, booking a consultation with one of the experienced family law attorneys at Burger Huyser Attorneys is recommended. Our expert divorce lawyers will not only guide you throughout the entire divorce process but also communicate clearly how much it will cost to get a divorce in South Africa for your specific case.

How long does the uncontested divorce process take?

The duration of an uncontested divorce can vary from case to case and is influenced by several external factors. The process typically takes around six (6) to twelve (12) weeks to finalize.

While your attorney manages a significant part of the unopposed divorce process, they rely on various external institutions such as sheriff’s offices, family advocates (in cases involving minor children), and the courts. Unfortunately, these institutions may face disruptions due to load-shedding, power or water outages, or backlogged court rolls, which can delay and extend the overall timeline.

Proper Divorce Planning Essential With An Immediate Divorce

While a simplified divorce is faster and cheaper, it’s important not to rush the process. Take the time to consult with legal professionals to ensure all agreements are fair and in your best interest. Proper divorce planning can help avoid future conflicts, especially concerning financial matters, child custody, and maintenance claims.

Even if you believe your divorce can be resolved amicably, seeking legal advice can ensure you make informed decisions protecting your future.

If you’re considering divorce, the team at Burger Huyser Attorneys is here to guide you through the process, whether your case is simple (uncontested divorce) or complex (contested divorce). We offer expert advice to help you make the right decisions for yourself and your family. Book a consultation with one of our specialist divorce attorneys in Gauteng today.

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