UNCONTESTED DIVORCE - QUICK AND EASY

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The unopposed divorce (uncontested divorce) is when you and your spouse are able to reach agreement regarding the division of assets, maintenance and custody of the children (if any). If there is agreement, this is where an attorney is engaged in order to prepare a settlement agreement. For more information on what a settlement agreement entails, please click here.

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It is important to note that a decree of divorce is still required in the instance of the customary marriage in terms of the Recognition of Customary Marriages Act. Click here for information.

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The unopposed divorce process works as follows:

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1. The spouses have an attorney draw up a settlement agreement;

2. Both parties sign the settlement agreement;

3. A summons is issued;

4. The settlement agreement will be sent to the family advocate for endorsement if children are involved;

5. The attorney will then take all the documents to court and then obtain a court date;

6. The plaintiff will then attend at court with the advocate (in Johannesburg/Pretoria proceedings are held virtually and therefore there is no need for any party to attend court);

7. The divorce will then be granted and the parties will obtain a court order.

 

We can assist with divorce nationwide and we are also able to assist with foreign marriages or in instances where the parties are not resident within South Africa.

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This is a quick and easy process that will save both parties money that they would have spent on the long process of an opposed divorce.

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With respect time frames, where there are no children involved, the process takes 6 weeks from the date on which a settlement agreement is signed. When there are children involved, the process takes approximately 8 weeks.

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We offer an all inclusive fee for an uncontested divorce from as little as R8500, which can be paid in installments. Please get in touch with us for further information.