Uncontested Divorce

Simplify Your Divorce with Our Uncontested Divorce Services

When spouses have agreed to divorce, and are mostly in agreement with respect to the consequences of the divorce, the divorce may be what is called an uncontested divorce. The main aspects that need to be agreed are the proprietary consequences of the money i.e. the division of assets, contact and care in respect of minor children, maintenance of spouses and minor children. There are other aspects which may be applicable depending on the circumstances of the matter, however these are in principle the main items of contention.

An uncontested divorce is much more economical and can be processed quickly, in approximately 8 weeks.

The process in an uncontested divorce is typically as follows:

Consultation with attorney to discuss the various aspects of the divorce and the agreements reached.
A settlement will be prepared and should the spouses be in agreement, the agreement will be signed.
A divorce summons is prepared, issue at Court, and will be served on one of the spouses. It is not material who the Plaintiff of Defendant is when the divorce is uncontested, the only material difference between the party that is served with the divorce summons. The divorce summons includes the settlement agreement.
Once the divorce summons is served, and if there are minor children involved, the documents will be delivered to the Family Advocate who will consider the settlement agreement insofar as it relates to the minor children to confirm that there are no provisions that can be viewed as not being in the best interests of the minor children. With professional advice in preparing the settlement agreement, it is unlikely that any issues will be raised as an experienced attorney is familiar with the recommended guidelines of the Family Advocate in matters pertaining to minor children.
Once the Family Advocate has endorsed the settlement agreement, a Court date is applied for.
Typically in Johannesburg and Pretoria, neither the Plaintiff or Defendant will need to physically attend Court on the date of divorce, the attorney will attend on their behalf.
The divorce is granted, and the settlement agreement is made an order of Court.

The benefits of an uncontested divorce is time and costs.

FAQs

What does uncontested mean?

Uncontested means that the parties are not disputing the division of the estate, maintenance and custody. The first step after you are in agreement is to have a settlement agreement prepared. Book with us now to get started.

What are the costs?

We offer an all-inclusive package for R12,000.00

What’s Included?

We offer an all inclusive fee which covers all aspects from start to finish, including drafting settlement agreement, drafting summons, issuing summons, sheriff fees, family advocate endorsements, court appearances.

How long does it take?

We can finalise your divorce within 8 weeks, depending on factors such as the involvement of minor children and the responsiveness of all parties. If all documentation is in order and there are no unexpected delays, the process can be completed swiftly, allowing you to move forward with peace of mind. Our legal team works efficiently to ensure there are no unnecessary setbacks.

Do I need to go to Court?

In most cases, attending court is not required. In Johannesburg and Pretoria, uncontested divorces are handled online, making the process even more convenient. If there are no contentious issues, the presiding Judge typically does not require an in-person court appearance. This means you can finalise your divorce from the comfort of your home, saving you time and reducing stress.

Practice Areas

Contact Info

Contact Phone

011 463 4551

Contact Mail

reception@rmbollaert.co.za

Ready to get started?

Your consultation with a practicing attorney from our offices is charged at R1000.00. This once-off fee covers expert legal advice and guidance specific to your situation. All information shared is treated with the utmost confidentiality.