In our previous blog post, we covered the basics of contested divorces in South Africa, including the legal process involved. Unlike a contested divorce, an uncontested divorce is one where both parties agree on all terms of the divorce. This includes child custody, child and spousal support, and the division of marital property and debts.
Although it is not always possible, an uncontested divorce is the most cost effective option for both parties and can be finalised in a matter of weeks.
What is the legal process of an uncontested divorce?
The legal process of an uncontested divorce in South Africa is relatively simple. Both parties will consult with the same attorney, and agree on all terms prior to the divorce. Unlike a contested divorce, there is no formal trial during an uncontested divorce, only the plaintiff appears in court. A settlement agreement is then drafted, entered into by both parties, and made an order of the court.
What needs to be agreed upon?
While each case is unique, some of the terms that need to be agreed on include:
- Custody and parental rights and responsibilities of minor children;
- Maintenance for minor children;
- Division of moveable and immovable assets and property;
- Maintenance for either spouse;
- Division of investments, shares, and pension funds
While uncontested divorces are considered the simpler and easier option, it is still important to work with an experienced attorney who will ensure both parties are treated fairly. If you’d like to know more about our divorce attorneys, or you’d like some guidance on how to navigate a divorce, contact us on [email protected].