The uncontested / undefended / unopposed divorce

What is an uncontested or undefended divorce?

An uncontested, undefended or unopposed divorce is where both parties want a divorce and are willing to agree to the terms thereof. These terms give shape to an agreement called a settlement agreement, wherein the division of property, the care and contact arrangements in respect of the children, and maintenance obligations are clearly stated and agreed upon. This is the most amicable divorce option and rule out any fighting or disagreements – the parties talk to one another and come to some kind of agreement that suits them both. A settlement agreement is drafted which forms part of the court documents and only one of the parties need to appear in Court.

How long will I be in Court?

If all goes well and all documents are in order and if the matter is uncontested or undefended, you may expect to be in Court for about 5 minutes (or less).

What question will I be asked in Court?

Typically you will be asked the following questions in Court:

• Your full names and residential address
• Confirm the date and place of marriage and that the marriage still exists (this is where you hand up your marriage certificate)
• Confirm if there are any children born out of the marriage and their ages
• State that the marriage has been irrevocably broken down in that the parties do not love one another, there are no communication, verbal and/or physical abuse (this is very general and you do not need to go into detail)
• Confirmation that you and your spouse signed the settlement agreement and that you wish to make the agreement an Order of Court

How long does it take to get an uncontested divorce?

A local, uncontested divorce, can be finalized in as little as 7 – 9 weeks from date of signing the divorce papers, depending on individual circumstances and if the matter becomes contested due to dissatisfaction of terms by the defendant. The drafting of the documents and the serving of the documents are usually done within a week or two and the time delay usually lies with the next available date that the court can hear the matter. As South Africa has one of the highest divorce rates, Courts are literally flooded with divorce matters and the lead time for the next available Court date may well be within the far future with some very busy Courts.

What happens if my spouse does not want to sign the divorce papers?

In many instances your spouse will informally agree to some of the conditions, only to change his/her mind after a day or two before the settlement agreement is signed. Contacting your divorce attorney is the first thing you should do before engaging with your spouse in any form of confrontation or conflict due to their reasons for not signing. If circumstances call for it the following options are on the table to resolve this issue:

• Roundtable Meeting
• Divorce Mediation
• Issue summons on a defended / contested basis
• Continue to the next step of the contested divorce process

What steps should be taken to start an uncontested divorce?

The 4 basic steps for the uncontested divorce process at an attorneys firm:

1: Attend an initial formal consultation (in person or virtually)

2: Pay the deposit or discuss a payment arrangement

3: Attorney drafts the documents, have them issued by court

4: Sometimes legal documents are exchanged by the parties (or attorneys) or sign a settlement agreement

4: Attend the Court for hearing

On the next page:

• The defended / contested / opposed divorce
• What is a contested or opposed divorce?
• On what basis can a divorce be contested or opposed?
• How long does it take to get a contested divorce?
• What is the cost of a contested divorce?
• If the matter is defended, do we have to go to trial?
• What are the dangers of getting a divorce without an attorney?
• Getting the divorce forms at Court and doing it myself – is that an option?

This is the most amicable divorce option and rule out any fighting or disagreements – the parties talk to one another and come to some kind of agreement that suits them both. A settlement agreement is drafted which forms part of the court documents and only one of the parties need to appear in Court..

CONSIDERING DIVORCE? SCHEDULE A 15 MINUTE FREE CONSULTATION WITH ONE OF OUR DIVORCE EXPERTS TO FIND OUT MORE.