Frequently asked questions about divorces in South Africa

How Long Does a Divorce Take in South Africa?

The duration to finalize a divorce in South Africa can vary greatly depending on various factors, including whether the divorce is contested or uncontested, the complexity of the issues involved, and the efficiency of the legal processes. Here’s an overview of the typical timelines for different types of divorces in South Africa:

Uncontested/Unopposed Divorce

An uncontested, or unopposed divorce, where both parties agree on the terms, is usually quicker and can take anywhere from 1 to 3 months, depending on the Court's workload where Summons is issued.

Contested/Opposed Divorce

A divorce becomes contested when the parties cannot agree on key aspects such as asset division, child custody and visitation rights, child support, or spousal maintenance. Resolving a contested divorce can vary significantly in duration, ranging from several months to several years, depending on the parties' cooperation and determination to finalize the divorce.

How much does a Divorce Cost in South Africa?

The cost of a divorce in South Africa hinges on several factors, foremost among them whether the divorce is contested or uncontested. It is evident that an uncontested divorce is significantly less expensive than a contested one. Other determinants of divorce costs include the complexity of the proceedings, involvement of minor children, claims for child maintenance or spousal support, the extent of shared property and debts, as well as the conduct of the parties involved. Legal fees are typically billed on a time-spent basis, meaning the total cost of the divorce correlates closely with the duration attorneys dedicate to the matter. Given the time-sensitive nature of these fees and their dependency on parties' conduct, predicting exact costs at the outset is challenging due to the unique circumstances of each divorce. It is evident from the above factors that divorce attorneys cannot accurately predict initial costs. The unpredictable nature of divorce proceedings, their duration, and the scope of disputes between spouses makes it impractical to estimate costs definitively. While all divorces share the common label of 'divorce,' each one is inherently unique, as no divorce can ever be alike.

Can my spouse prevent me from getting a divorce?

No, your spouse cannot prevent you from getting divorced. You have the right to end a marriage that you no longer wish to continue.

Can I divorce my spouse without going to court in South Africa?

No, a divorce in South Africa must be granted by a High Court or Regional Court with jurisdiction over the divorce, initiated through a divorce summons.