HOW TO GET DIVORCED
IN SOUTH AFRICA?
Divorce is rarely easy. Emotions of sadness, anger and even guilt may run high.
Balancing a work and social life whilst focusing on your finances and the wellbeing of you
and your children might seem impossible.
Our 4-step approach to uncontested divorce finalization aims to demystify the South African divorce process by explaining steps in plain language, bringing certainty to a time characterized by uncertainty. With the help of a knowledgeable divorce attorney, Ilizna Esterhuyse, you will be guided through the divorce process to ensure that the financial consequences of the divorce and the paperwork do not contribute to further unnecessary stress.
Two types of divorce
In South Africa there are two main types of divorce processes: uncontested and contested.
UNCONTESTED DIVORCE – THE “FRIENDLY” DIVORCE
An uncontested divorce is one that is agreed. If you and your spouse are willing to agree to the terms of the divorce by signing a divorce settlement agreement and parenting plan (where relevant), we will assist you to finalize your divorce in as little as 3 – 7 weeks (from date of signing) at a fixed, all-inclusive fee. This is a simple and inexpensive procedure of divorce.
Click here to start the online uncontested divorce process.
CONTESTED DIVORCE – THE “UNFRIENDLY” DIVORCE
If you and your spouse cannot agree to the terms of the divorce, the contested divorce process will be the only option. A contested divorce is more complicated, drawn-out and costly than an uncontested divorce. In most contested divorces both parties will have attorneys and even advocates to assist them with the paperwork. After the pleadings and discovery phase of a contested divorce, the attorney (of the Plaintiff) will apply for a court date. If no settlement can be reached, pre-trials and the final trial will follow.
Please note that we currently only take on a limited amount of contested divorce matters to ensure that our clients’ matters receive the optimum level of attention.
Our 4-step uncontested divorce process – Innovation of litigation
1. COMPLETE THE QUESTIONNAIRE
Click here to complete our online divorce questionnaire. After completion you will receive our mandate letter. The mandate letter contains our banking details and lists the documents required in terms of FICA legislation.
2. PAY THE FIXED FEE
Our fee for an all-inclusive uncontested local divorce is R6,000.00.
Please note that a deposit of only R2,500.00 is payable before drafting will commence.
3. SIGN THE DIVORCE PAPERS
As soon as we receive proof of payment (of the deposit) the drafting process will commence. We will draft all divorce documents which include the combined summons, particulars of claim, settlement agreement, parenting plan and Annexure A for the Family Advocate (if relevant) in accordance with the contents of the divorce questionnaire submitted by you.
We will send you the drafts for comments and approval before we furnish you with instructions for signing. It’s important to note that both you and your spouse will have to sign the parenting plan (if relevant) and settlement agreement.
4. ATTEND COURT DAY
After we have received the signed documents, we will attend to all further paperwork. We will issue summons at the relevant court and arrange for service by the Sheriff. (In terms of South African law the Sheriff must personally serve/deliver the divorce summons on the Defendant/spouse.) We will contact you to arrange a suitable court date.
On court date we will accompany you and guide you through the entire process. Please note that it is only necessary for one spouse (the Plaintiff, the party who started divorce proceedings) to attend.