When both spouses want to get a divorce and has already decided on all the issues, a divorce by agreement (also referred to as an “uncontested divorce”) is possible. The divorce attorneys at Patton Williams Incorporated assists clients in the Western Cape with uncontested divorce matters.
An uncontested divorce can be finalised in as little as 4 – 8 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 involved). The terms of the settlement agreement and the parenting plan will be incorporated into the final divorce order and 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 important information as well as 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
Patton Williams Attorneys 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 apply for a court date. On court day we will attend the hearing 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?
Download your free copy of What You Should Know Before Filing for Divorce in which 56 frequently asked questions about divorce in South Africa is answered in plain language.