By Hannah Mower
An uncontested divorce is the quickest and most cost-effective way to get divorced in South Africa.
An uncontested divorce occurs when your spouse fails to defend the divorce summons or when the divorce is settled relatively quickly after it commences.
It is also by far the best and most cost-effective way to get divorced for all parties concerned.
An uncontested divorce can be finalised within 2 to 6 weeks, depending on how cooperative the parties are and their willingness to settle, and the court’s backlog.
A divorce becomes contested when the parties cannot reach an agreement regarding certain aspects of their divorce, such as the division of assets, child custody and contact, child maintenance, spousal maintenance, etc.
A contested divorce can take anywhere from a few months to years to finalise, depending on the conduct of the parties.
The Settlement Agreement:
If the parties choose to work together and defendant not defend the divorce summons, or the parties work together with one attorney to come to a fair settlement, after which a settlement agreement is drafted by the attorney and signed by both parties. The settlement agreement is thereafter made an order of Court.
The Costs:
Attorneys’ fees are time-based, so the cost of the divorce is usually dependant on the amount of time the attorney spends to finalise the divorce. Seeing as attorney’s fees are time-based and dependant on the conduct of the parties, it is very difficult to say exactly what a divorce will cost, as the merits of every divorce are different.
Jurisdiction:
Divorce lawsuits are filed with the Regional or High court that has jurisdiction over the divorce, depending on the circumstances of the divorce. The summons will be sent to the appropriate sheriff, who will serve it on your spouse.
Proceedings:
Once your spouse is served with the divorce summons, your spouse has 10 business/ working days to defend the divorce summons. If your spouse is not defending the divorce summons, we can immediately arrange for an un-contested divorce Court date for you. The Court date may be one to two weeks from the date of submission of the application for the date.
Opposed:
If your spouse is defending the divorce summons, he or she must respond to the claims contained in the divorce summons within 20 business/working days.
This response to a divorce summons is called a Plea. Your spouse’s motion will likely be accompanied by a counterclaim that sets forth specific demands, similar to a subpoena. You then have 20 days to respond to your spouse’s counterclaim in court. This response is called a defence to the defendant’s counterclaim.
Divorce Mediation:
Divorce mediation is a reconciliation process conducted voluntarily by couples who wish to divorce. Divorce mediation gives couples the opportunity to plan for the future in a reasonable, respectful, and amicable way. The purpose of divorce mediation is to arrive at an individual agreement appropriate for the parties’ family circumstances, taking into account the parties’ economic circumstances and various other factors. This goal is achieved through the assistance of an experienced divorce attorney who will guide and advise both parties throughout the mediation process.
Benefits of Mediation:
Many couples choose mediation over litigation because they believe it is better for them and their family.
If you wish to divorce your spouse, please contact Rambuda and Associates Inc to speak with a divorce attorney. After your divorce attorney has consulted with you and received all the necessary information, he or she will let you know whether your divorce is an un-contested or contested.
