Do you have any questions about the uncontested divorce process? Read our Q&A’s below for quick answers.
1. What is an uncontested divorce?
An uncontested divorce is where both spouses want a divorce and are willing to agree to the terms thereof. There must be agreement regarding the division of property, the care and contact arrangements in respect of the children and regarding maintenance obligations. Divorce Attorney Ilizna Esterhuyse assists clients with local and international uncontested divorce matters in Gauteng and the Western Cape of South Africa.
2. How long will the uncontested divorce take?
An uncontested divorce can be finalized in a few months’ time. As iedivorce specializes in uncontested divorce matters, we can finalize Western Cape divorces in as little as 3 – 8 weeks. Johannesburg and Pretoria uncontested divorce matters usually take slightly longer as court date availability is a factor to consider. This is, however, still significantly faster than the contested divorce process which can take years to finalize.
3. What is the cost of a divorce?
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4. How does the uncontested divorce process work?
There are 4 steps:
1. Complete the online divorce application form,
2. Pay the fixed rate (minimum requirement: payment of deposit),
3. Sign the divorce papers and
4. Attend on the court date.
Visit our page about the divorce process for more details.
5. What documents do I need to start the uncontested divorce process?
All law firms must take appropriate steps to verify the identity of clients before rendering legal services to them. This is a requirement in terms of the Financial Intelligence Centre Act 38 of 2002 (“FICA”).
After you have submitted your online application, Viljoen Y Attorneys will request the following documents from you:
- Your original marriage certificate,
- Copy of your antenuptial contract (if any),
- Proof of ID,
- Proof of address and
- Recent salary slip, IRP5 or tax return.
6. Where can I get my marriage certificate?
You can go to your nearest Home Affairs Office to request a newly printed version. The process only takes a few minutes, depending on the length of the queue. Take you ID document and R20 with you.
7. Would a divorce summons and the involvement of the Sheriff still be required?
Yes, strict compliance with the Court’s rules and the relevant legislation is still required. Rest assured, the iedivorce / Viljoen Y Attorneys team will take care of all the paperwork; you only need to focus on the steps listed in our 4-step divorce process explanation.
Want to know more?
Download What You Should Know Before Filing For Divorce, our latest free e-book, in which we answer 56 of the most frequently asked questions about divorce in South Africa.
Ready to start your uncontested divorce?
Ilizna Esterhuyse (LLB), founder of iedivorce, is an admitted attorney of the High Court of South Africa, specializing in Divorce and Family Law matters, currently employed at Viljoen Y Attorneys. 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.