Free Online Divorce Assistance Form – DIY Cape Town South Africa

Fee DIY Divorce Cape Town South Africa

Free DIY Online Divorce Guide and Court documents – High Court, Cape Town, Western Cape

This article deals with uncontested divorces in the Western Cape High Court, Cape Town, for marriage In Community of Property. It further provides legal guidance on doing your divorce, with an online divorce. These free divorce resources relate to divorces in the Western Cape instituted from the High Court. Other courts may follow similar practices. It is suggested that you consult with a legal practitioner before instituting divorce legal proceedings, especially if there are minor children and a large estate involved.

If you require assistance or legal represenation in a divorce in any Court in South Africa, feel free to schedule a consultation with using the online form further below.

Online Divorce Form

The online divorce form is provided below to kick start the divorce process. After completing the form, and pressing “submit”, our online system will send you an email with the information you provided, as well with links where you may download the following:

A divorce guide in PDF format

A Sample Summons in PDF format

A Particulars of Claim in PDF Format

A notice of Set Down in Word Format


Marriages ending up in divorce

When the marriage of a couple has broken down, a divorce may be the best option. If this route is followed, then a friendly process should ensure. There is no need for spouses to fight over a divorce. It is waste of money and if there are children involved, they may come out traumatised. Therefore, in the interest of all concerned, an uncontested divorce is the best option in most cases.

What is an uncontested divorce?

An uncontested divorce happens in one of the following situations:

  • The couple agrees beforehand to the terms of the divorce, and then enters into a Settlement Agreement or Consent Paper. One party would then initiate the divorce proceedings, and the other party won’t defend it on the basis of entering into a settlement agreement or consent paper
  • The couple are not on friendly terms. One of them institute divorce proceedings and stipulate in the summons what they want. The other party receives the summons and does not have issue with what the other spouse is asking for. The divorce then proceeds as prayed for in the Summons.
  • A spouse instituted divorce proceeding and the other spouse defended it. After the lawyers or parties spoke, they came to some type of an agreement. The party then withdrew his defence and the divorce proceeded undefended.

How long does an uncontested divorce take?

An uncontested divorce where the parties agrees upon the terms of the divorce beforehand, can take approximately 4 (four) weeks from start to finish. The time periods can be estimated as follows:

  • 3 to 5 days to draft the Summons and Settlement Agreement. The Parties requires some time obtain information regarding pension funds, how to divide the join estate and so on.
  • A day to issue the summons and about 2 days for it to be served on the Defendant by the Sheriff. A better option is for the Defendant to be served at the office of the Sheriff. In this case, there is no need for the Sheriff to visit the Defendant at his place of work or home.
  • 10 working days must then elapse after the summons has been served on the Defendant.
  • Once the 10 days has elapsed, the divorce may be set down on the unopposed court roll.
  • To set the divorce down on the unopposed roll, you should obtain a date from the Registrar. Usually the date is in a few weeks.

What about the Office of the Family Advocate?

If there are minor children involved, the Office of the Family Advocate would need to have a look at what provisions have been made regarding them in the Summons or Settlement Agreement. What happens in practice, is the Summons or Consent Paper is delivered to the Office of the Family Advocate. A Family Advocate would study it and endorse it if there are no concerns. If there are concerns, he or she would advise the Court thereof.

What happens at the divorce Court?

Should the divorce proceed uncontested, and set down correctly, you matter should be on the court roll. In the Western Cape High Court, divorces are dealt with closer to the end of the court roll.

When your matter is called up, you would be sworn in and provide evidence. You would have to deal with the following:

  • That you are the Plaintiff and reside in the Western Cape.
  • You were married to the defendant on a certain date and place.
  • Show the original marriage certificate, or copy to the Court.
  • Confirm that there are minor children born from the marriage.
  • Tell the Court the reasons for the breakdown of the marriage and why it cannot be saved.
  • Ask the court to grant a decree of divorce, and the terms stipulated in the Summons (more specifically, the Particulars of Claim) or the Consent Paper entered into.



About the Author

Advocate South Africa

Legal Advisor for Our Lawyer (Pty) Ltd
Call 0211110090
For appointments: https://www.ourlawyer.co.za/advice

26 thoughts on “Free Online Divorce Assistance Form – DIY Cape Town South Africa

  1. My husbands lawyer sent me a letter draft agreement letter. I didnt sign he must keep me on his medical aid, claim pension and maintenance from him. Moved out end october early November with another woman. Adultery. His an alcoholic, narcissist, abuser and manipulator. I need help urgently im unemployed . Im busy with ccma case as well. Previous employer

  2. I need to get divorced please.. I’m unemployed with 2 kids , please help for free divorce.

  3. Im in an unhealthy marrage, the problem is alcahol abuse and verbal,mental and emotional abuse.please help

  4. Hi I want to be Divorced by my partner he’s from Congo and I’m a Sounth African I havent seen him In 6 years he basically forced Me to get married now I can’t get rid of him please help I don’t have money to pay for it

  5. Please Help…
    I have applied for divorce last year (Oct/Nov 2021) .
    And I’m still married?!? This process is taking so long!
    Its mentally, physically, financially & Spirituality Exhausting. Currently the process is pending at the Family Law in Cape Town.
    But I don’t seem to get any further then it. I’m unemployment and have paid for the cost of papers, Sherrif, etc. All that was needed – I had to give out of my pocket!!
    I want to build my new life, but this is holding me back!!!
    Please help

  6. I applied for a divorce in 2015 Dec and my wife’ refused to sign papers and disappeared She was a foreigner.2017 she served me with divorce papers and I refused to sign them.She is gone no contact, nowhere to be found.May help me with free divorce as I am unemployed.

  7. Hi, I need assistance. I married my wife with a a child that is not mine. I help raise the child from 7yrs up to 21. The child has failed matric and doesn’t want o do anything and I have discipline issues with her. I told the mom either she go and look for employment or she must leave the house. Now the mom said if the child leave , than she is also going to leave. I got married while I have my own property. The mom is threatening me with divorce and she wants halve my pension and the property. I am married in community of property. My question why must I part with my assets and my pension if I am not to blame for the breakdown of the marriage.

  8. I need a divorce husband is unemployed did not demand half of my pension when applied in 2014 .in 2021 he applied again and now demand half of my pension at moment my divorce have two file numbers.

  9. Hi i separated with my husband so i want divorce asap I’m not working and he is in prison, he want free divorce please help me i don’t have money

  10. In an uncontested divorce, where the wife only wants to pack her clothes and leave and forfeit the pension which is all she and her husband has in common, what can he do to drag the process out?

  11. Hi I am struggling to divorce a missing spouse. He’s a foreigner I know he left the country in 2014. I don’t have contact with him and don’t have money to find him. I know which country he’s from but don’t know anything else. I need help.

  12. I need a divorce asap I’m not working at the moment but I really need to get out of this marriage to much heartache and pain

  13. I need a unconsent divorce asap I’m not working at the moment but I really need to get out of this marriage to much heartache and pain

  14. I was married by a foreigner and he disappeared , I can’t get hold of him. How can I divorce a missing spouse?

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