Divorce is never easy, but not every divorce has to end in a long, expensive court battle. If you and your spouse can agree on the terms of your separation, an uncontested (unopposed) divorce is the fastest, most affordable, and least stressful way to move forward—with dignity and far less conflict.
What Is an Uncontested Divorce?
An uncontested divorce happens when both spouses agree on all major issues without the need for a trial, including:
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Division of property and assets
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Spousal maintenance (if applicable)
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Child maintenance
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Care, contact, and visitation schedules for children
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Any other matters relating to your family’s future
Once agreement is reached, your attorney drafts a settlement agreement for both parties to sign. It’s filed at court and, when the divorce is granted, the agreement becomes a binding court order.
Advantages of an Uncontested Divorce
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Cost-effective: Usually only one attorney is needed, which means one legal bill instead of two.
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Quicker resolution: Often finalised within weeks rather than months or years.
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Dignified process: Settle without unnecessary conflict and retain control over the outcome.
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Child-centred: Reduces stress for children and helps families adjust to new routines.
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No trial required: In straightforward matters, neither party needs to appear in court because evidence is given on affidavit.
How the Process Works
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Consultation – We confirm your agreement in principle and collect the necessary information.
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Settlement Agreement – Your terms are drafted into a clear, enforceable document for both parties to sign.
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Court Filing – The divorce papers and your signed settlement agreement are filed with the court.
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Finalisation – On the allocated date, the court grants the divorce and your agreement becomes an order of court.
This streamlined route avoids lengthy disputes and the emotional toll of litigation.
Why Choose Me
As a qualified family law attorney and experienced divorce mediator, I offer a personal, hands-on approach from start to finish. I manage the entire process efficiently and with care, keeping your rights protected while keeping costs predictable. My goal is to make your divorce as stress-free and affordable as possible.
Affordable, Nationwide Service
I assist clients across South Africa with uncontested divorces. Choosing this path saves time and money—and reduces the emotional burden on you and your family.
Frequently Asked Questions
Do we qualify for an uncontested divorce?
If you and your spouse can agree on assets, maintenance, and parenting arrangements, you likely qualify. If you’re close but not there yet, mediation can help finalise the remaining issues.
How long does it take?
Timeframes vary by court roll, but uncontested matters are generally much quicker than contested divorces—often two to four months.
Do we both need attorneys?
Not necessarily. Typically, one attorney drafts the settlement agreement and divorce papers. Either spouse may seek independent advice if preferred.
Will we have to go to court?
In many courts, straightforward uncontested matters proceed on affidavit and personal appearances aren’t required.
What documents will we need?
ID copies, marriage certificate (or confirmation if lost), proof of residence, and for parents: children’s birth certificates and proof of maintenance arrangements. If pension interests or property transfers are involved, we’ll coordinate with funds and conveyancers as needed.
What if we cannot agree?
Proceed to mediation and if that does not work proceed to see an attorney to issue a summons.
Take the First Step
If you and your spouse are ready to part ways respectfully, an uncontested divorce may be the right choice.
