An uncontested divorce is the quickest and least costly way to end a marriage in South Africa when both spouses agree on assets, children and maintenance.
Quick guide (South Africa)
• Best for: couples who can separate amicably and agree on the key terms.
• Key documents: a Settlement Agreement (and a Parenting Plan where required).
• Court: usually brief; typically only the plaintiff attends.
• Timing: often weeks once papers are correct and a court date is secured.
• Common delays: service problems, pension wording, and unclear property or parenting clauses.
There are three types of divorce in South Africa: contested, uncontested and mediated.
Uncontested divorce
An uncontested divorce is the quickest and least costly option and is generally less stressful than other types of divorce. It minimises emotional stress to family members.
If you both agree divorce terms, such as maintenance, division of assets, and child care and contact, you can appoint an impartial attorney who will represent both spouses. The divorce attorney will draft the official settlement agreement, you both sign it, and it is made an order of the court. An uncontested divorce is often finalised in weeks, not months.
With an uncontested divorce, only one party, usually the Plaintiff, needs to appear at court for the hearing. The hearing will involve a short appearance by the Plaintiff, to answer simple questions about their marriage and breakdown.
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 an uncontested divorce is right for you, we’ll prepare a settlement agreement. If it turns out that mediation would be more appropriate, we can appoint a mediator.
Divorce by agreement: step-by-step process
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You and your spouse agree on assets, debts, maintenance and (if applicable) a parenting plan.
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A Settlement Agreement is drafted and signed (and a Parenting Plan where required).
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Summons and supporting papers are prepared and issued at the correct court.
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The Sheriff serves the summons on the defendant (or lawful alternative service is arranged if needed).
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If the matter is unopposed, it is set down on the unopposed roll.
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The plaintiff usually appears briefly in court to confirm the agreement and obtain the divorce order.
How long does it take?
Timeframes depend mainly on service logistics and the court roll. Where paperwork is correct and a court date is secured, an unopposed matter is often finalised in weeks. Delays typically come from service problems, incomplete settlement terms, or pension/property clauses that are not workable in practice.
Costs (indicative)
Unopposed matters are generally far more cost-effective than contested proceedings because the process is shorter and involves fewer court attendances. Fees depend mainly on complexity (children, property, pension interest wording, and whether the agreement must be negotiated and drafted from scratch).
• Simple divorce by agreement: from R16,000 + VAT (indicative)
• More complex divorce by agreement: typically higher where there are children, pension clauses, property transfers, or additional drafting rounds
• Disbursements may include Sheriff’s service and other court-related charges
Checklist (what we need to proceed efficiently)
• ID details and contact details for both spouses
• Marriage certificate
• Minor children details (if any): names, dates of birth, schooling, medical aid
• Asset and debt summary (property, vehicles, accounts, credit, loans)
• Marital regime details (ANC / accrual where applicable)
• Pension/fund details (if relevant) and what is agreed regarding pension interest
• Defendant’s physical address for Sheriff service (or a plan if overseas/missing)
Frequently asked questions
Do both spouses need to go to court?
In many unopposed matters, only the plaintiff appears briefly to confirm jurisdiction and the agreement and to obtain the divorce order.
What is the difference between an uncontested and a default divorce?
A default divorce typically happens where summons is served and the defendant does not defend within the prescribed time, so the plaintiff proceeds on an unopposed basis.
Can one lawyer handle an uncontested divorce?
One firm can draft the documents and manage the court process, but spouses should understand they may have different legal interests. Independent advice can be appropriate where assets, pensions or children are involved.
What if my spouse is overseas or cannot be found?
Service still needs to be handled lawfully. If a spouse is abroad or missing, there are structured procedures to obtain valid service and proceed correctly without defects that delay finalisation.
Further reading
Department of Justice guidance on how to get a divorce: https://www.gov.za/services-residents/relationships/marriage/how-get-divorce
Contact family attorney SD Law for help with your divorce.