Uncontested divorce services in Strand, Somerset West & Stellenbosch

The best option by far is to do your divorce in an uncontested manner. An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce, usually with the help of an attorney. There is no formal trial, and only the plaintiff appears in court. In an uncontested divorce, the parties agree prior to the divorce on how to divide their assets and, if there are children involved, which parent will become the parent of primary residence, and which will be the parent of alternate residence. A settlement agreement is then drafted with the help of the attorney and signed by both parties.

The agreement is then attached to the summons and served on the party that chooses to be the defendant. After expiry of the time period mentioned in the summons, the plaintiff’s attorney will enrol the case on the court roll and finalise the divorce, incorporating the settlement agreement in the final divorce order. 

An uncontested divorce can be finalised within six weeks depending on the court roll. It is not necessary for both parties to appear together in court, therefore, only the plaintiff will give evidence and conclude the divorce before a magistrate or judge, depending on the court in which the divorce was instituted.

An uncontested divorce will work for you if:

• you and your partner agree that you can negotiate in a fair and equitable manner;

• children are involved and you would like to draft a parenting plan;

• you wish to save money in terms of a contested divorce; and/or

• you want your differences to be resolved as soon as possible.

A round table settlement is usually accomplished soon after the summons is served in a contested divorce. Both parties’ legal representatives informally exchange their clients’ financial information and then meet on a convenient date with the parties present to settle the divorce. A settlement agreement is then drafted, and only the plaintiff appears in court to get the settlement agreement made an order of court.