Your divorce, drafted properly. Court day, your way.

South Africa has a no-fault divorce system: you don't have to prove anyone did anything wrong. The only ground is that the marriage has irretrievably broken down. A divorce is started by a summons, which must be served on your spouse personally by the Sheriff of the court. If your spouse agrees to the divorce and its terms, it's unopposed (uncontested): the fast, affordable route. If they fight it, it becomes opposed (contested), which is slower and far more expensive.

You can divorce in either the Regional Court (of the Magistrates' Court) or the High Court: since 2010 both can grant divorces. For a straightforward unopposed divorce, the Regional Court is cheaper and perfectly suited. The court must have jurisdiction, which it does if you or your spouse are domiciled or ordinarily resident in its area (residence needs at least a year in South Africa).

Our fixed-fee service handles unopposed divorces end to end. See the packs.

An uncontested (unopposed) divorce means both spouses agree to divorce and agree on everything that flows from it: how property is divided, arrangements for the children, and any maintenance. It's captured in a settlement agreement that the court makes an order. This is the quickest and cheapest divorce, often finalised in weeks.

A contested (opposed) divorce is where you can't agree: on the divorce itself or on the terms. It runs like a trial, with pleadings, possibly interim applications (see Rule 43 below), and a hearing. It can take one to three years and cost many multiples of an unopposed matter. Most divorces that start contested end up settling before trial, which converts them into the unopposed route.

If you both agree, you're unopposed: that's exactly what we do. If your spouse will fight it, tell us and we'll explain your options honestly before you spend anything.

How your assets are split depends on your marital regime: how you were married:

• In community of property (no antenuptial contract): you share a single joint estate: assets and debts, and on divorce it's split 50/50.
• Out of community, with accrual: each keeps their own estate, but the spouse whose estate grew less during the marriage has an accrual claim to share in the growth. An accrual calculation compares how much each estate grew.
• Out of community, without accrual: what's yours stays yours, what's theirs stays theirs: no sharing of growth.

Beyond the regime, a settlement can deal with pension/retirement interest (a "pension interest order" with precise statutory wording the fund requires), the family home, vehicles, debts, spousal maintenance, and in some cases forfeiture of benefits or a redistribution order. Getting the pension wording exactly right is the single most common thing DIY divorces get wrong.

Not sure what your regime means for you? Our questionnaire works it out from your marriage details, and the Complete pack builds the correct orders in. For a first look, try the free asset division calculator.

South African law no longer uses the word "custody": it speaks of care (where the child lives) and contact (time with the other parent). The guiding principle in everything is the best interests of the child (Children's Act 38 of 2005).

Where there are minor children, the divorce must show the court their interests are protected. This is usually done with a parenting plan setting out care, contact, schooling, holidays and decision-making, and dealing with child maintenance. The Office of the Family Advocate may review the arrangements and endorse them. Child maintenance is each parent's duty in proportion to their means; the Maintenance Court can determine or enforce it.

Our With-Children pack includes a parenting plan and the children's affidavit the court expects, built around your family, not a generic form.

Cost depends almost entirely on one thing: whether it's opposed or unopposed. An unopposed divorce with agreed terms is a fixed, modest, predictable cost. A contested divorce billed by the hour can run into the hundreds of thousands, because nobody can predict how long a fight lasts.

Typical cost drivers for an unopposed divorce: whether there are minor children (a parenting plan is needed), whether there's property or a pension to divide, the Sheriff's service fee (a court cost, separate from legal fees), and whether you appear yourself or have an attorney appear for you. Beware anyone quoting by the hour for a simple, agreed divorce: that's how a R-few-thousand matter becomes a R-tens-of-thousands one.

We quote one fixed fee, in writing, before any work starts. See the three packs. Nothing is owed until you approve the quote.

An unopposed divorce is typically finalised in 6–10 weeks where there are no minor children, and around 10–18 weeks where there are (the Family Advocate's involvement adds time). The main variables are how quickly the Sheriff can serve your spouse and how busy your court's unopposed roll is; a busy court roll means you only get a date months later.

A contested divorce takes far longer: commonly one to three years, because of the pleadings, possible interim applications and the wait for trial dates.

The two things that slow an unopposed divorce down are service on your spouse and a full court roll. Our process is built to move fast on both.

An unopposed divorce runs on a specific set of documents: a combined summons and particulars of claim (which start the action and set out what you're asking for), a settlement agreement (your agreed terms, made an order of court), a parenting plan and children's affidavit if there are minor children, the Sheriff's return of service, a notice of set-down, and the draft order / decree of divorce.

The wording matters more than people expect. A pension interest clause with the wrong phrasing can be rejected by the fund; a vague settlement clause causes fights years later. "Divorce forms PDF" downloads rarely fit your facts or your court's requirements: which is why generic templates so often bounce.

Our packs are drafted by admitted attorneys around your answers, with the exact court-specific wording: not a one-size template.

Customary marriages (under the Recognition of Customary Marriages Act) are divorced through the same courts as civil marriages: a customary marriage is dissolved by a court, not customary process. Civil unions and same-sex marriages follow exactly the same divorce process as any other marriage. A foreign divorce may be recognised in South Africa if the foreign court had proper jurisdiction: worth confirming before you remarry.

DIY / online divorce: you're legally allowed to run your own unopposed divorce, and many people do. The risks are getting the documents or the court process wrong: a rejected summons, a defective pension clause, a settlement that causes disputes later. A fixed-fee drafted pack gives you the affordability of DIY with the documents done properly.

Whatever your marriage type, if the divorce is unopposed we can help: tell us your situation and we'll confirm honestly whether we're the right fit.