A divorce is usually categorized as either contested or uncontested. For a divorce to be considered uncontested divorce the following items need to have been discussed and agreed upon:

• The parties have agreed upon divorce.

• The parties have agreed on how to divide their assets.

• If there are minor children involved, the parties have decided:

  • With which parent the children will live,

  • Access to the children,

  • Maintenance and medical expenses.

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If you are seeking a contested divorce, Divorce Legal can refer you to a law firm that will be able to attend to your divorce.

 

In South Africa the divorce process is uncomplicated. Divorces can be lodged in the High Courts of South Africa or the Regional Court of the Magistrates Court that has jurisdiction over your area. A court may grant a decree of divorce on the ground of the irretrievable breakdown of a marriage if it is satisfied that the marriage relationship between the parties to the marriage has reached such a state of disintegration that there is no reasonable prospect of a normal marriage relationship between them or on the ground of the mental illness of the defendant.

 

Divorce Legal will assist you by initiating the process once you have registered and completed the questionnaire online and made payment. Once we receive your payment we will draft the documents to be reviewed and signed by the parties involved. You will receive a step-by-step guide on where to sign the documents. This includes a comprehensive document detailing the process of divorce – see a summary of the process below.