Divorce is a complicated matter. In South Africa, divorce can be contested or uncontested. For example, you can choose to dispute the grounds for divorce and argue that there are other reasons your marriage should not end. Alternatively, if you wish to have an amicable separation and don’t want to waste time with lawyers arguing over whether one party is right or wrong in the eyes of the law, you may decide on an uncontested divorce.
Contested divorce
Contested divorces are those in which the parties cannot agree on the issues of their separation. These types of cases require a court hearing and involve submitting papers to the court, which can be lengthy. The judge will then decide about custody, child support, property division, alimony and anything else that needs to be decided by him/her.
If you choose not to contest your divorce, then it will simply be finalized when both parties agree and sign off on all documents required by law. It is known as an uncontested divorce or an agreed divorce (sometimes referred to as a negotiated settlement).
Uncontested divorce
A divorce is uncontested if the parties agree on all issues. The court will make a final order, which is binding and enforceable. The parties do not need to attend court and can apply to have their divorce granted by consent orders.
An uncontested divorce will cost less than a contested divorce and can be obtained where there has been no delay or dispute since the separation date (date of separation).
Divorce is a complicated matter.
Divorce is a complicated matter. It is better to see a lawyer. The legal costs of divorce can be very high and emotionally draining, and you may need to deal with the stress and uncertainty of your children’s university fees and their future employment prospects. There are also many issues that must be decided in the settlement of property, such as who will have custody, who will pay maintenance (alimony) to whom and what assets each party will keep or sell off in order to divide up their wealth fairly between them.
You might consult an experienced divorce lawyer who can guide you through this difficult period of your life so that you don’t make any mistakes which could cause negative consequences for all concerned.
Conclusion
We hope this article helped you understand divorce in South Africa. If you are considering a divorce, please consult with a lawyer for more information.
