Uncontested Divorce
WHEN YOU HAVE AGREED ON THE TERMS OF THE DIVORCE
What is an Uncontested Divorce?
A divorce is uncontested or unopposed when the parties have agreed on al the terms of the divorce settlement. It means the parties have agreed on:
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how they will divide their assets;
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with whom will their minor children reside primarily;
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what will their care of, and contact with the minor children look like;
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how the children will be maintained;
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will there be spousal maintenance paid and the terms thereof;
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any other relevant aspects to the divorce.
An uncontested divorce is a more cost effective and streamlined process and can spare the parties a lot of stress, uncertainty and money. In addition, it reduces future conflict, which is important for their own wellbeing, as well as the wellbeing of their children.
The Process of Uncontested Divorce
In theory, an uncontested divorce seems simple and easy. Sometimes, getting "the other party" to agree to certain terms can be difficult and emotionally draining. It requires a lot of patience, maturity and a willingness to put aside differences in order to find a solution for future benefit. Parties who choose to follow this route must be complimented. It is during the negotiation process where a competent and qualified mediator can be invaluable.
The Settlement Agreement
Once an agreement has been reached, it must be reduced to writing and signed by both parties. This is where legal assistance and advice from a qualified family law attorney is very important to ensure that the parties' best interests are served. Where minor children are involved, a parenting plan must also be drafted.
It is important to remember that you and your spouse will never be able to foresee all the possible future challenges that may arise from the divorce. Although your settlement may seem to cater for everything perfectly at the time of signature, situations may arise, especially where children are involved, which you did not cater for initially. The impact of such situations arising can be reduced by making provision for proper dispute resolution provisions in the settlement agreement. Parties can further reduce the impact through open and honest communication post divorce.
The Summons
Where a divorce has been settled from the beginning, we will draft the summons and particulars of claim and have it issued at court. Once the summons has been issued, we will deliver it to the sheriff to ensure that the summons is served personally on the other party. If there are minor children involved, the settlement agreement must also be endorsed by the family advocate.
Applying for a Court Date
Before we can apply for a court date, a prescribed period of 10 (TEN) business days must lapse. This is to ensure that there is no objection from the other party and that the process is in fact uncontested. Once the time period has lapsed, we will ensure that the matter complies with all the different practice directives and then apply for a court date.
The Court Day
Depending on the court from which you are divorced, it may not be necessary for you to appear in court whatsoever. In the Pretoria and Johannesburg High Courts, unless the judge orders otherwise, the parties can get divorced without having to appear in court. The current practice directive requires only that an affidavit be filed. It is very important to note, however, that despite filing an affidavit the presiding judge on the day may still require one or both of the parties to appear in court. Should this be the case, we will prepare you for what to expect on the day.
What are the costs?
The costs of an uncontested divorce is much less than a contested divorce.
We enter into fixed-fee agreements with clients for uncontested divorces, especially when agreement on all aspects have been reached. Depending on what is required from us, these costs can vary between R8000.00 and R50 000.00.
Make use of a Free First Consultation by clicking here to provide us with some background into your matter and find out about the different options we have available.
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