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.
Contact family attorney SD Law for help with your divorce.