There are three types of divorce in South Africa: contested, uncontested and mediated.
What is contested divorce?
Contested divorces occur when spouses cannot agree the terms and conditions of their divorce. The most common disagreements relate to maintenance, division of assets and child care. In some cases one or both spouses refuse to settle for emotional reasons.
Contested divorce route map: what happens next?
Quick answer: a contested divorce in South Africa means the spouses cannot yet agree on one or more material issues. The dispute may be about the divorce itself, children, maintenance, property, pension interests, a business, a trust, or legal costs. It does not mean the divorce cannot proceed. It means the case needs a litigation plan and, where possible, a settlement strategy.
- If the dispute is urgent maintenance, care, contact or legal-cost support: consider Rule 43 interim relief while the divorce is pending.
- If the dispute is money, assets or hidden value: start with proper disclosure, the Financial Disclosure Form, bank records, business records and a clear property-division strategy.
- If the dispute is unsafe or coercive: get advice on a protection order, safe communication rules and evidence preservation before treating the matter as ordinary negotiation.
- If settlement is still possible: use divorce mediation or attorney-led settlement, but only where disclosure and safety are adequate.
For legal context, see the official South African Government guide on how to get a divorce and the Divorce Act 70 of 1979. If your matter may still settle fully, compare this route with our guide to uncontested divorce in South Africa.
For Durban, Umhlanga, Ballito and KwaZulu-Natal clients, a contested divorce often requires early evidence planning around children, maintenance, property, pension interests, business assets, trusts or interim relief. Our Durban family and divorce-law page explains how we approach these matters by appointment and without treating serious disputes as paperwork exercises.
In a contested divorce, a Cape Town divorce attorney can help you prepare evidence, manage interim relief and narrow the real disputes before the matter runs out of control. In contested proceedings both spouses may appear in court repeatedly, and the court decides the terms of the divorce. This can result in very high legal costs and emotional distress, and can drag on for years before resolution. Contested divorces can cause great emotional and financial harm to all family members and are to be avoided if at all possible.
At SD Law we do our best to help you avoid a contested divorce. If you and your spouse cannot agree on the terms of your divorce, we will recommend mediation. A contested divorce should be a last resort.
For clients in Gauteng, see our Johannesburg family law services page for broader guidance on contested divorce, child custody, Rule 43 applications, and urgent family law strategy.
If you are considering divorce
If you are considering divorce and need legal advice, talk to our divorce attorneys. We’ll work with you on the way forward, and if a contested divorce is unavoidable, we’ll support you through the process every step of the way, ensuring you secure a fair settlement and survive with your dignity intact. If we think mediation would be an appropriate alternative, we can appoint a mediator.
Contact family attorney SD Law for help with your divorce.
If you need representation in Gauteng, see our divorce attorney johannesburg page for process, timelines and first steps.