Written by Nadine Roesch-Prinsloo
30 January 2024
“You know why divorces are so expensive? They’re worth it!” – Willie Nelson
Do you need clarification on the process and costs involved in a divorce? It is a fact that 40% of marriages end in divorce. If you are considering a divorce but are still uncertain about the process and, more specifically, the costs involved, this article applies to you. The duration and costs involved in a divorce may vary depending on whether the divorce is uncontested or contested, which will be explained in this article.
What is an uncontested divorce?
In short, an uncontested divorce is a divorce in which both parties agree on all the terms and conditions of the divorce, including the division of assets and liabilities as well as the aspects of guardianship, residency, care, contact, and maintenance of the minor child/ren. This type of divorce is usually less expensive, less time-consuming, and less stressful than a contested divorce.
What is a contested divorce?
A contested divorce, on the other hand, is a divorce where both parties cannot agree on all the terms and conditions of the divorce, including the division of assets and liabilities, as well as any aspect relating to the minor child/ren, such as guardianship, residency, care, contact and maintenance. This type of divorce is usually more expensive, time-consuming, and stressful than an uncontested divorce.
What can I do if my spouse and I cannot resolve certain disputes?
If you and your spouse are considering an uncontested divorce but disagree on a few issues, we recommend exploring mediation. This process can help you narrow down disputes and, hopefully, reach an amicable settlement agreement, allowing you to proceed with the uncontested process as smoothly as possible.
How does the divorce mediation process work?
When seeking legal advice from your attorney regarding a divorce, it is essential that you provide a clear and concise picture of the entire background of the matter, as well as all the disputes. To mediate the divorce, your appointed attorney may invite your spouse and their attorney to attend a round table meeting, where they will try to narrow the disputes and reach an amicable settlement agreement. You can also attempt to mediate the matter between yourselves before you appoint an attorney, which will likely reduce the legal costs and the length of the divorce process. Additionally, you can consider seeing an independent mediator with your spouse.
How long does the uncontested divorce process take?
It is difficult to predict the exact duration of an uncontested divorce as it varies from case to case and is also impacted by the external factors explained above. However, the process typically takes around six (6) to twelve (12) weeks to conclude.
Your attorney only partially controls the unopposed divorce process as they depend on various external institutions, such as the sheriff’s offices, family advocates’ offices (in cases involving minor children), and the courts during the unopposed divorce process.
Unfortunately, the institutions mentioned above often experience load-shedding, power or water outages, and overflowing court rolls, which ultimately see them close down for the day and impact the process’s duration.
How long does the contested divorce process take?
The standard litigation process and timelines are per the court’s rules in a contested divorce. It’s important to note that the expected duration of a contested divorce can range from one (1) to three (3) years and, in some cases, even longer.
How much will an uncontested divorce cost?
Based on the various factors involved, an uncontested divorce may cost R8,000.00 to R15,000.00, excluding VAT and disbursements. However, due to the unpredictable nature of divorce proceedings, the cost may vary for each case. To better understand the process and costs involved, it’s advisable to schedule a consultation with one of Burger Huyser Attorneys’ experienced family law attorneys at a branch near you. Our specialist divorce attorneys will provide personalised guidance and support throughout the divorce process.
How much will a contested divorce cost?
Considering the various factors that affect the cost of a divorce discussed in this article, it is impossible to provide an accurate approximation of the cost of a contested divorce, as the process may take years to conclude.
The legal fees will depend on, inter alia, the duration and complexity of the matter, interlocutory applications, whether a junior or senior attorney is dealing with the matter, and whether using an advocate is necessary.
What can I do to save on legal costs during my divorce process?
There are several ways to reduce legal costs during a divorce. We propose the following practical guidelines:
- Discuss a potential settlement with your spouse before starting the legal process, which can shorten the unopposed divorce process and reduce legal costs;
- Provide your attorney with all the necessary and relevant information and documentation during the initial consultation; this will limit any unnecessary back-and-forth correspondence between you and your attorney, which will ultimately reduce legal costs;
- Provide your attorney, as far as possible, only with relevant and structured information and documentation to avoid lengthening the divorce process and incurring unnecessary costs;
- Be reasonable and realistic about what you want to achieve;
- Consider the experience of attorneys when appointing one, as senior attorneys may have higher hourly rates compared to junior attorneys;
- Instruct your spouse to accept service of the summons from the sheriff’s office, as their immediate acceptance will result in a lower sheriff’s account.
Conclusion
Going through a divorce is never easy. However, keeping the considerations outlined in this article in mind, you can make the process a lot smoother. Remember to be patient, communicate effectively, and prioritise your well-being. By doing so, you’ll not only get through your divorce with greater ease, but you’ll also set yourself up for a better future.
Should you wish to commence divorce proceedings, contact one of our experienced family law and divorce attorneys at a Burger Huyser Attorneys branch near you.
For immediate assistance, please contact us on the following cell numbers: 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
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
