Written by: Eugene van der Walt
How does the divorce process work?
If you are considering divorce, there are two primary legal routes available: unopposed and opposed divorce.
If you are considering divorce, there are two primary legal routes available: unopposed and opposed divorce. The appropriate option depends on whether both parties are in agreement regarding the terms of the divorce.
1. Unopposed Divorce
This is the most efficient and cost-effective option for every party involved, recommended where both spouses agree to the divorce and its terms (such as asset division, maintenance, and child care).
Process:
- A settlement agreement as well as a Parenting Plan is drafted and signed by both parties.
- The plaintiff (the spouse initiating the divorce) files the summons with the court.
- The summons, settlement agreement and the Parenting Plan are served on the defendant by the sheriff.
- Once the documents have been served, a court date is secured to finalise the divorce.
Timeframe: Approximately 6 to 12 weeks (depending on the courts diary and availability)
Cost: R 20 000.00 (excluding VAT and disbursements)
2. Opposed Divorce
If the spouses are not in agreement and do not agree on the possible terms of the divorce, the divorce is considered opposed.
Process:
- An opposed divorce involves litigation and can become complex and time-consuming.
- Each matter is unique and assessed individually.
- The court process may include formal pleadings, discovery, pre-trial procedures, and trial.
Timeframe: Typically 1 to 4 years
Cost: Hourly rate (determined by factors such as urgency and complexity)
We strongly encourage parties to attempt settlement before initiating litigation, either through direct negotiation or mediation. Not only is this beneficial for preserving relationships and reducing legal costs, but mediation is also increasingly required by the courts.