How does an Uncontested divorce work in South Africa?
First of all, what is an uncontested divorce?
An uncontested divorce occurs when both parties agree to the divorce. This type of divorce is quicker, less expensive, and simpler. A formal trial is not necessary, but legal guidance may still be necessary. Other factors, such as child custody, child support, and asset division, may be relevant to the divorce but do not necessarily slow down the process. The legal expert must assist the parties in reaching a legal agreement.
How long does a divorce take in South Africa?
This is a common question we’re often faced with when dealing with divorce matters. Unfortunately, some divorces are more complex, in which the other party is not cooperating and refuses to agree to a divorce. Under such circumstances, the divorce can unfold over years, depending on the nature and circumstances of the matter.
An uncontested divorce can take a few months to finalise. Usually, the wait is ascribed to obtaining a hearing date.
Contested or opposed divorces, on the other hand, are when both parties are not in agreement with the divorce – this can cause a dreadful, costly legal drag. The contested divorce will unfold in the following ways:
- pleadings
- discovery of documents
- further discovery and particulars
- application for and setting down of a trial date
- pre-trial conference
- trial
- judgment
In conclusion, it is best to work towards having a an uncontested divorce.
