When both spouses want to divorce and already decided on all the issues, a divorce by agreement (also referred to as an “uncontested divorce”) is possible. Divorce attorney Ilizna Esterhuyse from Viljoen Y Attorneys assists Western Cape and Gauteng clients with uncontested divorce matters.
An uncontested divorce (Cape Town, Western Cape) can be finalized in as little as 3 – 7 weeks from date of signing of the divorce papers. Pretoria and Johannesburg divorce matters usually take slightly longer as court date availability is a factor.
What is an Uncontested Divorce?
When both spouses agree to the terms of the divorce, the divorce will be called an uncontested divorce. Both spouses will sign a settlement agreement and a parenting plan (if there are minor children born from the marriage). The terms of the settlement agreement and the parenting plan will become the terms of the divorce after the Judge/Magistrate grants the divorce order.
The 4-Step Uncontested Divorce Process – In Plain Language
STEP 1: APPLY
STEP 2: PAYMENT OF THE DEPOSIT
Upon receipt of your application form, you will receive a mandate letter containing the firm’s banking details. For FICA purposes a few basic documents will also be requested from you.
STEP 3: SIGN THE DIVORCE PAPERS
Both spouses will have to sign the divorce papers.
STEP 4: COURT DAY
Ilizna Esterhuyse and her team will attend to all further paperwork at Court, the Sheriff’s office and the Family Advocate’s office. After the Sheriff has served (delivered) the signed papers to your spouse, we will contact you to arrange a suitable court date. On court day we will attend with you and guide you through the entire court day process.
Divorce by Agreement – How much does it cost?
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More Questions About Divorce by Agreement?
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Ilizna Esterhuyse, divorce attorney at Viljoen Y Attorneys, founder of iedivorce and author of What You Should Know Before Filing for Divorce is an admitted attorney of the High Court of South Africa, specializing in Divorce and Family Law matters. Her fields of expertise and interest include Divorce Law, Family Law, Domestic Violence Law and International Divorce Law. Her vision is to demystify Family Law processes, helping good people in plain language and with great technology, to achieve remarkable results.