Uncontested divorce in South Africa
What do we mean when we use the term “uncontested divorce”?
Our law offices have potential clients calling in on a regular basis and when asked about the nature of the divorce, we’re met with “What do you mean?“. This is perfectly normal from a layperson’s perspective.
To put it simply, an uncontested divorce is a divorce in which both parties are in agreement with. Because of the less complex nature of this divorce; it can be done within a matter of three weeks with our legal expert on board.
Complete the free online divorce form below to assist you with your unopposed divorce.
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DIY divorce in Cape Town, Western Cape
Our website has been designed to navigate easily for the layperson. The creators of this website have also tried to make content easy to navigate. With this in mind, we have supplied a number of free, expert legal advice articles that has been carefully crafted by the legal expert himself.
A summons needs to be drafted which will be issued by the divorce court to commence the divorce process. It should have on it the details of the court you will be issuing divorce, details of the parties, e.g. names, occupation and address etc. Every High Court in the area where you live has the authority to attend to a divorce. There are however specialized divorce courts that may attend to a divorce as well.
You should then draft a particulars of claim, outlining relevant matters concerning the marriage, children, reasons for wanting a divorce and what do you want the court to grant you in a divorce order. This particulars of claim you attach to the summons. Here is an example of a summons and particulars of claim for a divorce for a couple married in community of property with no children getting divorce in the High Court in Cape Town.
Contested divorce in South Africa
When it comes to contested divorce – we’re talking long Court procedures due to overbearing court rolls. First of all, a contested divorce is a divorce in which both, or one party opposes the divorce and is not in agreement of the divorce. We have found that the parties becomes overly emotional about the process and tend to lose track of the bigger picture. This is a major contributing factor that adds to dragging process.
However, our legal expert would always inform parties that easy divorces are generally rare (even in a case of an uncontested divorce). One too many times, where there’s children involved, you will find issues of child custody, visitation rights and child maintenance will arise in the process.
As advised on How to Win Your Divorce Case article, it is encouraged to acquaint yourself with the laws regarding child maintenance. The following scenario is highlighted for instance:
Lets say a couple was married for 10 (years). They married in community of property. In other words, they share in everything. There are 2 children born from the marriage. They live in a home that is bonded, but purchased by the wife before the marriage. The bond is only registered on her name, and gets deducted from her personal banking account. The father however does not work, but attends to the household, which includes cleaning, taking the kids to school, making food etc. When the children are ill, the father would be the one who stays up caring for them. School projects and homework is also attended to by the father. The father does some web designing work for income, but his income is minimal compared to that of his wife. The best would be to enter into a parenting plan.
For more on this, read our How to Win Your Divorce Case article on our web page. Call our law offices on 021 424 3487 to make an online appointment with us for a professional legal consultation today!
Free divorce products and toolkits
As previously mentioned, we pride ourselves in trying to make legal information easily accessible. Do feel free to link on the relevant links below and start downloading our free, legal advice products for your convenience:
- How to Change your Matrimonial Property Regime
- Do your own Unopposed Divorce. No lawyers needed and its Free.
- Parental Rights of Divorced Muslim parents after a Talaq or Faskh
- Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
Call our law offices on 021 424 3487 to make an online appointment with us for a professional legal consultation today!