ALL YOU NEED TO KNOW ABOUT UNOPPOSED DIVORCE IN SOUTH AFRICA
In South Africa, an unopposed divorce refers to a situation where both spouses mutually agree to dissolve the marriage and there are no disputes regarding key issues such as the division of property, child custody, or spousal maintenance. Here’s a general explanation of the process:
1. Legal Grounds for Divorce:
South Africa follows a “no-fault” divorce system, meaning the only ground for divorce is the “irretrievable breakdown” of the marriage. This can be demonstrated through various factors, such as living apart for a continuous period of time, or evidence of incompatibility.
2. Process:
Filing for Divorce: One party (the plaintiff) initiates the process by filing a divorce summons in the appropriate High Court or Regional Court.
Consent Papers: Both parties sign a settlement agreement (or consent papers) outlining the terms of the divorce, including arrangements for any children, property division, and financial support.
Court Hearing: Even though the divorce is uncontested, the matter must still go to court. The plaintiff appears in court, and if the court is satisfied that both parties have agreed to all terms, the divorce will be granted.
3. Duration:
An unopposed divorce can be finalised relatively quickly, sometimes within a few weeks or months, depending on the court’s schedule.
4. Cost:
Since there’s no need for lengthy litigation, the cost of an unopposed divorce is typically lower compared to a contested divorce. Legal fees are mainly incurred for drafting the settlement agreement and the court appearance. For this reason unopposed divorces can be processed at a fixed rate.
Benefits of Unopposed Divorce:
Quicker and less stressful.
Less expensive due to fewer legal complexities.
Both parties have control over the outcome, rather than having a judge impose terms.
Uncontested Divorce Process
Once the Settlement Agreement has been signed, it will be attached to a Summons and a Particulars of Claim.
3 copies will be made and issued at court with a case number.
The issued Summons will then need to be served on the Defendant preferably at the Sheriff’s offices in order to avoid unnecessary delays.
A copy of the Summons will be given to the Defendant by the Sheriff and the matter has to lie for 10 working days from date of service in order for the Defendant to enter an appearance to defend.
Upon receipt of the Sheriff’s return of service and our original Summons, we will send the original Settlement Agreement to the Family Advocate in matters where minor children are involved. The Family Advocate needs to endorse the agreement and it takes approximately 3 weeks to receive the endorsed agreement back.
Once we have received the endorsed agreement back, we can apply for a court date. It can take 1 to 3 weeks to get a date depending on the court and how full their court roll is.
We appear in court on your behalf – the Plaintiff will need to be at court on the day.
We uplift the court order.