Uncontested Divorce in South Africa Guide

Divorce can be an emotional and challenging process, but opting for an uncontested divorce often simplifies the proceedings, saving time, money, and stress. At Burger Huyser Attorneys, we specialise in guiding our clients through the uncontested divorce process to ensure a smooth resolution.

What is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all aspects of the separation, including asset division, maintenance, and child custody. This type of divorce is typically faster, less expensive, and avoids lengthy court battles.

How Much Does an Uncontested Divorce Cost in South Africa?

The cost of an uncontested divorce in South Africa varies depending on whether you engage an attorney or choose to handle the process independently. On average:

With an Attorney: Fees range between R15,000 and R25,000 or more depending on the complexity of the settlement agreement.
Without an Attorney: Costs can be minimal if handled through the court’s family law division, but it requires a good understanding of legal procedures.

Uncontested Divorce Process in South Africa

The process for an uncontested divorce generally involves the following steps:

Drafting the Settlement Agreement:
- The settlement agreement outlines the terms of the divorce, including asset division, maintenance, and child custody.
- Both parties must agree to the terms before proceeding.
Drafting the Summons:
- A divorce summons is prepared and filed at the relevant court. It includes the details of the agreement.
Serving the Summons:
- The summons is served on the other spouse by a sheriff of the court.
Court Appearance:
- In uncontested divorces, only one spouse may need to appear in court to finalize the divorce.
- The court ensures the agreement is fair and in the best interest of any children involved.
Finalizing the Divorce:
- Once the court approves the settlement, the divorce order is issued, and the process is complete.

Uncontested Divorce Settlement Agreement in South Africa

The settlement agreement is a critical document in an uncontested divorce. It must:

Clearly define the division of assets and liabilities.
Specify maintenance arrangements, if applicable.
Outline custody and visitation plans for children.

This agreement forms the foundation of the divorce and must be drafted carefully to avoid disputes in the future. Consulting an attorney to draft or review the agreement is highly recommended.

How Long Does an Uncontested Divorce Take in South Africa?

Uncontested divorces are significantly faster than contested ones. On average, the process takes 4 to 6 weeks from the date of filing, provided there are no delays in agreeing on the settlement or court availability.

Benefits of an Uncontested Divorce

Cost-Effective: Lower legal fees compared to contested divorces.
Faster Resolution: Avoids prolonged litigation.
Less Stressful: Reduces conflict and emotional strain.
Privacy: Settlements are negotiated privately, rather than being decided in open court.

Contact Burger Huyser Attorneys for Uncontested Divorce Assistance

At Burger Huyser Attorneys, we understand the importance of resolving divorce matters amicably and efficiently. Our experienced family law team can assist you with drafting a settlement agreement, navigating the legal process, and finalizing your uncontested divorce.

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