Contested Divorces in South Africa
A contested divorce occurs when spouses cannot agree on key issues such as:
- Division of assets and property
- Spousal or child maintenance
- Primary care and contact with children
- Or when one or both spouses refuse mediation or settlement negotiations
In such cases, one spouse issues a summons, the other defends it, and the litigation process begins.
The Nature of Contested Divorces
Contested divorces are often highly acrimonious. Each party appoints their own attorney, and if no settlement is reached, the matter proceeds to trial where the court makes the final decisions.
This process can take many months, or even years, to conclude. As a result, contested divorces are widely known to be time-consuming and expensive.
Legal Costs in Contested Divorces
Contested divorces are billed at an hourly rate, agreed upon in advance in a fee agreement. Costs vary depending on the complexity of the case and may involve:
- Expert witnesses
- Forensic psychologists
- Actuaries
- Forensic accountants
- Social workers
If one spouse cannot afford litigation, it is possible to apply for a contribution to costs order against the other spouse (Rule 43 in the High Court or Rule 58 in the Regional Court).
Why Mediation Should Be Considered First
I always encourage clients to attempt mediation before pursuing litigation. Mediation is faster, less costly, and far less damaging to family relationships.
However, if litigation is the only path forward, I am fully equipped to represent you and protect your rights throughout the process.
Settlement Is Always Possible
It is important to remember that a settlement can be reached at any stage of the litigation process. In fact, research shows that only around 10% of contested divorces actually go to trial—most are resolved through settlement before reaching court.
As your attorney, my focus will always be on acting in your best interests and aiming for settlement where possible, while ensuring you are fully prepared if trial becomes necessary.
Read more about Mediated Divorces here.