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Simple Divorce: A Guide to Uncontested Divorces in South Africa

21 July 2025
When both spouses agree to end their marriage amicably, the divorce process can be streamlined and straightforward. This is known as a simple divorce or uncontested divorce. While simpler than a contested divorce, it’s still important to follow the correct legal procedures to ensure everything is handled properly. For guidance through a simple divorce, the experienced team at RMB Attorneys can provide the support you need to finalize your divorce quickly and efficiently.

What is a Simple Divorce?

A simple divorce occurs when both parties:

  • Agree on the division of assets and debts.
  • Have no disputes over spousal maintenance.
  • Do not have children or have agreed on custody and maintenance arrangements if children are involved.

This type of divorce eliminates the need for lengthy court battles, reducing time, cost, and stress.

Steps to Finalize a Simple Divorce

1. Consult a Divorce Lawyer

Even for a simple divorce, it’s wise to consult a lawyer to ensure all documents are drafted correctly and your rights are protected. A lawyer can also identify potential issues you may have overlooked.

2. Draft a Settlement Agreement

The settlement agreement outlines how assets, liabilities, and other relevant matters will be divided. Both parties must sign this document to confirm their agreement.

3. Prepare and File Legal Documents

Your lawyer will draft and file the necessary legal documents, including:

  • The summons to initiate the divorce process.
  • The settlement agreement.

4. Serve the Summons

The summons must be served to the other spouse (defendant) by the sheriff of the court. If the defendant does not contest the divorce, they can sign a notice indicating their agreement.

5. Court Appearance

In most simple divorces, only one court appearance is required. The plaintiff attends the hearing, where the court reviews the settlement agreement and grants the divorce if everything is in order.

6. Receive the Divorce Decree

Once the court approves the divorce, a divorce decree is issued, officially ending the marriage.

Benefits of a Simple Divorce

  • Cost-Effective: Fewer legal fees and court costs.
  • Quick Resolution: The process can take a few weeks to a few months.
  • Less Stressful: No disputes or prolonged negotiations.

Why Legal Assistance is Still Important

Even in a simple divorce, mistakes in documentation or overlooked legal obligations can cause delays or complications. Hiring a lawyer ensures that:

  • All paperwork is accurate and complete.
  • Your rights are protected during the process.
  • Any future disputes are minimized with a clear settlement agreement.

RMB Attorneys can guide you through every step of a simple divorce, ensuring the process is seamless and stress-free.

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