The various types of Divorces in South Africa
No two marriages are the same and it necessarily follows that no two divorces will be the same. In fact, spouses have several options when it comes to choosing how they want to get divorced. Divorces are categorised as uncontested/unopposed or contested/opposed.
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Uncontested divorces
The best option, if you can make it happen, is to do your divorce in an uncontested manner. An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with us. There is no formal trial, and only one party, called the plaintiff appears in court. You agree prior to the divorce on how to divide your assets and, if there are children involved, which parent will become the parent of primary residence and which will be the parent of alternate residence. We will then draft a settlement agreement also known as a consent paper (signed) by both of you, as well as a parenting plan (if there are children involved). An uncontested divorce is without a doubt the least expensive type of divorce. Our fees for a local uncontested divorce is R 5000.00 if you live in the Western Cape and R 7500.00 if you live in another province, all-inclusive and for an international uncontested divorce R 15 000.00. We can finalise a local or international uncontested divorce in as little as 4 to 6 weeks. Click the banner below and complete the divorce questionnaire. We will then confirm the fee, attend to the FICA requirements and after you have have made initial deposit of 50% of the fee we will provide you with the draft papers for consideration. We will then appear with you on the day of the divorce in court. |
Mediation
In mediation, an independent third party will work with both spouses to reach a settlement agreement, and will advise on the various scenarios they could face if the matter goes to court. As mediators we act as a neutral third party and we do not decide the case and have no authority to make any decision or force any order onto the parties. The decision-making power remains with both spouses and the mediation process is without prejudice. We will guide you in making reasonable decisions with regards to such things as the division of the joint estate and the maintenance and parental rights of any minor children. Once a settlement agreement has been drafted with our help either party can request an attorney of his/her choice to review it. The agreement is then attached to the summons and served on the party that chooses to be the defendant. After expiry of the time period mentioned in the summons, the plaintiff will enrol the case on the court roll and finalise the divorce, incorporating the settlement agreement in the final divorce order. Our fees for mediation is R 2000.00 per hour. Click the banner below and complete the divorce questionnaire. We will then confirm the fee, attend to the FICA requirements. Once an agreement is reached will appear with you on the day of the divorce in court. |
Contested Divorce
A divorce is contested when the parties are not able to agree on the division of their assets, and, when minor children are involved, who will be awarded primary care (custody) and what amount of maintenance, if any, will be paid to the spouse and/or the children. It is then usually left to the court to decide how to deal with the issues in dispute. A contested divorce may take anywhere between three months and three years, or more, to conclude.
In contested divorce cases we work on an hourly rate which we agree on with our client's in advance. In most of our cases we are able to obtain a contribution cost order against the other spouse in the initial Rule 43 application. In one specific matter in the Cape Town High Court we were successful to secure a R 120 000.00 cost contribution which enabled our client, (the wife) to litigate against her husband and in addition we also obtained an interim maintenance order pending finalisation of the divorce of approximately R 100 000.00 per month.
The Process
A divorce action is instituted by the issuing of a summons. A divorce summons is unique in that it must be served personally on the defendant. The rules of the applicable court deal with the formulation of the specific claims that can be instituted in a divorce action based on the applicable matrimonial regime.
A court has jurisdiction in a divorce action if one or both parties are:
Procedure for contested divorces
If you can’t agree on an uncontested divorce, we will have to fight it out for you.
The contested divorce process consists of various stages:
In contested divorce proceedings, the attorneys may engage the services of various experts, who will be questioned in an open court under oath. Expert witnesses often come at huge cost and can include:
A divorce is contested when the parties are not able to agree on the division of their assets, and, when minor children are involved, who will be awarded primary care (custody) and what amount of maintenance, if any, will be paid to the spouse and/or the children. It is then usually left to the court to decide how to deal with the issues in dispute. A contested divorce may take anywhere between three months and three years, or more, to conclude.
In contested divorce cases we work on an hourly rate which we agree on with our client's in advance. In most of our cases we are able to obtain a contribution cost order against the other spouse in the initial Rule 43 application. In one specific matter in the Cape Town High Court we were successful to secure a R 120 000.00 cost contribution which enabled our client, (the wife) to litigate against her husband and in addition we also obtained an interim maintenance order pending finalisation of the divorce of approximately R 100 000.00 per month.
The Process
A divorce action is instituted by the issuing of a summons. A divorce summons is unique in that it must be served personally on the defendant. The rules of the applicable court deal with the formulation of the specific claims that can be instituted in a divorce action based on the applicable matrimonial regime.
A court has jurisdiction in a divorce action if one or both parties are:
- domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or
- ordinarily resident in the area of jurisdiction of the court on the said date and has/have been ordinarily resident in South Africa for a period of not less than one year immediately prior to that date.
Procedure for contested divorces
If you can’t agree on an uncontested divorce, we will have to fight it out for you.
The contested divorce process consists of various stages:
- pleadings (Summons, Plea and Counter Claim)
- application for and set down of trial date
- discovery of documents
- further discovery and particulars
- pre-trial conference
- trial
- judgement
In contested divorce proceedings, the attorneys may engage the services of various experts, who will be questioned in an open court under oath. Expert witnesses often come at huge cost and can include:
- forensic accountants, to examine the couple’s assets;
- industrial psychologists, to determine a spouse’s employability for maintenance purposes;
- actuaries, to determine the quantum and duration of maintenance contributions or child support;
- private investigators, to gather information and dig up damaging evidence; and
- child-care experts, to assess who the children should live with.