amicable / uncontetsed divorce

An unopposed divorce is one where both parties agree to the divorce as well as all the aspects of the divorce, such a division of estate, maintenance, primary residence of the children etc. This is normally the best way to get divorced, as it is quicker, easier, less emotionally impactful you and on the children and a lot cheaper. WHAT IS THE PROCESS 

Step 1

You and your spouse discuss and reach consensus regarding the division of your estate/assets and debts, as well as issues pertaining to your children.

Step 2

The agreement between you and your spouse is reduced to a settlement agreement and is signed by both you and your spouse in front of two witnesses.

Step 3

The Summons is drafted, and the signed settlement agreement is attached to the Summons.

Step 4

The Summons is issued at court and served on the spouse that will not be attending Court.

Step 5

If there are minor children, the Summons and Settlement Agreement are served on the Family Advocate, who needs to approve the Settlement Agreement and confirm if it is in the best interests of the minor children.

Step 6

The matter is set down on the unopposed roll for hearing and only the plaintiff needs attend court and testify. If the Judge is satisfied a Decree of Divorce is granted.

benefits of uncontested divorce

 

Legal Costs

Uncontested divorces are a certainly a more cost-effective approach than a contested divorces. Uncontested divorces can cost as little as R10 000 while contested divorces can run up into the hundreds of thousands if not more.

 

Time

An uncontested divorce can be finalized in 6 to 8 weeks, sometimes a little longer. Contested divorces on the other hand can take 1 to 4 years.

 

Less Uncertainty

With an uncontested divorce, you and your spouse have already signed a settlement agreement where you agree to the terms of the divorce. In an uncontested divorce the court has to make the decisions on the material aspects.

 

Minimise Stress & Conflict

Going through a divorce is already difficult, but one can avoid the additional stress and emotional drain of the conflict in a contested divorce by proceeding with amicable divorce and avert the conflict from the start.

 

Children's Best Interests

It is the children that usually get caught in the middle of a divorce and are the ones that suffer the most. The hardship on the children can be minimised to a large extent when there is an uncontented divorce and the parents are amicable.

f.a.q

It is not necessary that you attend our offices, and we can prepare all the necessary documents remotely and make use of a virtual consultation if necessary. The plaintiff will however need to attend the court on the day that the matter is heard, at the court within the jurisdiction where you reside. 
Yes, however you will have already needed to agree on all the aspects of the divorce, and the attorney will fulfill an administrative function and finalize the divorce. If the aspects are not agreed upon and are being contested, then each party will need to obtain independent legal advice. 
Once the Settlement Agreement is signed the divorce usually takes about 6 - 8 weeks to finalize. It can take a little longer depending on the Family Advocate, the Court and other key role players. 
  • Your name and your spouse's name;
  • Your address;
  • If you confirm you are married to your spouse;
  • If you confirm how you are married - In or Out of Community of Property;
  • If married with an Ante Nuptial Contract, you will be ask confirm and identify your ANC;
  • You will be asked to identify your marriage certificate;
  • You will be asked if you have any children and what their ages are;
  • You will need to briefly state the reasons your marriage has broken down irretrievably and confirm that the marriage cannot be restored;
  • You will need to confirm that the Settlement Agreement is the agreement you and your spouse signed. 
The parties will need to show that their marriage has broken down irretrievable and that there is no reasonable possibility of restoring the marriage relationship.
The parties to an amicable divorce will need to agree to agree to various aspects mainly:
  • Division of the estate assets and liabilities;
  • Parental rights and responsibilities;
  • Primary residence of the minor children;
  • Maintenance to be paid.

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