UNCONTESTED DIVORCE

The documents and information available on this website refer to the dissolution of civil marriages and unions by divorce in South Africa in terms of the Divorce Act (70 of 1979).

How it Works

In order to obtain a divorce in South Africa, you need to satisfy the court that the marriage has broken down irretrievably.

‘Irretrievable breakdown’ means that the marital relationship has reached such a state of disintegration that there is no reasonable prospect of the restoration of a normal marital relationship.

The following reasons may be considered as an indication that the marriage has irretrievably broken down:

The parties no longer feel any love or affection for each other;
The parties no longer communicate as husband and wife nor afford each other marital privileges;
The parties have not shared a common home for a long period;
A spouse became involved in an extramarital relationship;
One spouse abandoned the other;
One spouse abused the other; and/or
One spouse has been institutionalised for mental illness for at least 2 years.

The Divorce Process

A divorce is instituted by action proceedings, which means that you need to start the process by issuing a summons. Our online application form addresses the requirements for the summons in further detail.

In an uncontested divorce by agreement, the summons is accompanied by a Deed of Settlement, which we will prepare for you. This document deals with the settlement terms agreed to between you and your spouse.

Once the Clerk or Registrar of the court issues the summons, it needs to be served on your spouse personally, by the Sheriff.

Should minor children be born of the marriage, the papers will also need to be served on the Family Advocate for endorsement.

The matter will then need to be set down for hearing. The Plaintiff is required to attend the court hearing and the Magistrate will ask certain questions to confirm the information in the summons and particulars of claim.

Once the court is satisfied, an order will be granted incorporating the terms of the Deed of Settlement.

Costs

Preparation of Divorce Documents	1,000.00
Vat (15%)	150.00
Total	R1,150.00

The above fees are applicable for uncontested DIY divorces only where both parties reside in South Africa.
Attorney’s fees are applicable to online submissions only and do not include consultation.
The above amounts exclude Sheriff’s costs

The Process Explained

Step 1

Answer a few questions to confirm whether you qualify for our online process

Step 2

Complete the online form

The form needs to be completed fully accurately in order for us to prepare your documentation. This step should take approximately 25 minutes.

Step 3

Pay our fee and submit form

Once you have completed and submitted the online form, you will be directed to our payment page. We presently accept payment by EFT or direct deposit. We do not accept cheque deposits.

Step 4

We prepare your documents and email it to you within two (2) business days

Upon receipt of your form and payment, we will prepare your documentation and email it to you, which includes the following:

Summons;
Particulars of claim;
Annexure ‘A’ Affidavit (if there are minor children); and
Deed of Settlement

The above documents will be emailed to you to peruse and print, together with a Divorce Statistics Form and a Step-by-Step Guide.

Step 5

Print your documents and follow our Step-by-Step Guide to finalise your divorce

Once you have printed the documents, you will need to sign the Summons and Particulars of Claim, and both parties will need to sign the Deed of Settlement.

The next steps are summarised below. Further detail is provided in our Step-by-Step Guide.

IF THERE ARE MINOR CHILDREN

Also print and sign Annexure A and attach all reports (as required in Annexure A).

Make 3 additional copies of the set of documents

Deliver one set of the documents to the Family Advocate. Please note that the Family Advocate is a free service. They will peruse your documents and endorse the documents or furnish you with a letter to confirm that they are satisfied that the order sought is in the best interest of the children.

Attend the Clerk or Registrar at the relevant court to issue the summons.

Attend the sheriff (where the Defendant resides) to serve the documents on Defendant personally.

Once the documents are served, the Sheriff will return the documents and the Return of Service.

As your case is uncontested, the Defendant will not defend the matter. Ten court days after service (excluding week-ends and public holidays), attend the Clerk or Registrar to set the matter down for hearing.

On the date for the hearing of the matter, arrive at court at 09h00. Your case will be called up for hearing. Once satisfied, the court will grant your Decree of Divorce. Visit the Clerk or Registrar to confirm when the written Decree of Divorce will be available for collection.

IF THERE ARE NO MINOR CHILDREN

Make 2 additional copies of the documents.

Attend the Clerk or Registrar at the relevant court to issue the summons.

Attend the sheriff (where the Defendant resides) to serve the documents on Defendant.

Once the documents are served, the Sheriff will return the documents together with his Return of Service.