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Drafted by: Nazli

Uncontested Divorce: 7 Frequently Asked Questions
Posted on: 23 Feb, 2018

Do you have any questions about the uncontested divorce process? Read our Q&A’s below for quick answers.

divorce-agreement1. What is an uncontested divorce?

An uncontested divorce is where both spouses want a divorce and are willing to agree to the terms of the divorce. Starting and finalising the divorce can be seen as merely a formality in such instances. Both parties must be in agreement regarding the division of marital property, the care and contact arrangements in respect of any minor children, and regarding maintenance obligations, if any. We assist clients with local, international and missing spouse uncontested divorce matters nationwide.

2. How long will the uncontested divorce take?

Depending on how soon the settlement agreement can be signed as well as the court roll, an uncontested divorce can be finalised within weeks. We can finalise a  Western Cape uncontested divorce in as little as 3 – 7 weeks. Johannesburg and Pretoria uncontested divorce matters usually take slightly longer as court date availability is a factor to consider. Nevertheless, finalisation of an uncontested divorce is still significantly faster than the contested divorce process which can take years to finalise.

3. What is the cost of our uncontested divorce services?

Click here to see our current price list.

4. How does the iedivorce uncontested divorce process  work?

There are 4 steps in the iedivorce process:
1. Complete the online divorce application form, or email us to for a PDF application form;
2. Pay the fixed rate (deposit R4000.00),
3. Sign the divorce papers and pay the balance of the fixed rate;
4. Attend on the court date (your iedivorce attorney will meet you at court).

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, Patton Williams Attorneys will request the following documents from you:

  1. Your original marriage certificate;
  2. Copy of your antenuptial contract (if any);
  3. A copy of your ID document,
  4. Proof of address (not older than 3 months), and
  5. Recent salary slip, IRP5 or tax return.

6. Where can I get my marriage certificate?

If you have lost your original marriage certificate, you can visit your nearest Home Affairs Office to request a new copy. The process only takes a few minutes, depending on the length of the queues. Take you ID document and a small amount of cash 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 that the iedivorce / Patton Williams Attorneys team will take care of all of your divorce paperwork for you and will ensure that your divorce summons are properly served and that your matter is properly enrolled on the court roll.

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?

Complete the online divorce application form to start the process. Alternatively, visit our contact page if you have more questions.

Divorce Attorney Cape Town, Nazli WilliamsNazli Williams (BCom LLB), attorney at iedivorce and Patton Williams Attorneys is an admitted attorney of the High Court of South Africa, specialising 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.

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