Consideration and understanding unopposed divorces in South Africa

Uncontested divorces are deemed to be the most simplistic and affordable form of divorces in South Africa. Most married parties would be in favour to state a preference for an uncontested divorce due to its simplicity, speed, inexpensiveness and privacy in the midst of the emotional roller coaster period that the parties face.

An uncontested divorce becomes settled when the married parties agrees with the issues in dispute. Essentially, both parties agree to the divorce, division of assets of the estate, the debts incurred during the marriage, and/or care and custody of minor children and or dependants. Essentially, the aforementioned are primary issues however anything else relevant to the estate may be added within the settlement agreement. Upon consensus reached between the married parties, a written settlement agreement shall be successfully drafted by one of our legal professional lawyers.

Once the married parties have entered into a settlement agreement, the agreement is sent to the office of the Family Advocate if there are minor children born of the marriage. The office of the Family Advocate will ensure that the agreement which our legal professional lawyers have drafted complies with the Children’s Act 38 of 2005 and shall review the settlement agreement pertaining to the best interest of the minor child. Upon review of the Family Advocate and satisfies him or herself to the best interest of the minor children, the Family Advocate provides the Court with written consent thereto.

Upon completion of legalities, our legal professional lawyers shall lodge the divorce application to Court to obtain your uncontested divorce date. On the day of the court appearance, our legal professional attorney will accompany you on the day and we will then request that an order for divorce be granted whereby your settlement agreement is incorporated therein, as an order of Court.

Your uncontested divorce agreement can be drafted and filed conveniently without the need to have two respective legal resprentatives respresenting parties respectecively. The uncontested divorce will eliminate the need to require legal representation in a lengthy formal trial. We wish to ensure the efficiency and cost saving of an uncontested divorce during the unforseen life event such as a divorce.

Etricia September
Kim Armfield and Associates

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