Legal Services
Unopposed Divorces
When a married couple realises that their marriage relationship has irretrievably broken down, they will need to get advice on the most cost-effective way of getting divorced. This is when the spouses agree beforehand on how their divorce will be handled.
The settlement agreement reached contains how they will deal with and divide their property, whether they are married in or out of community of property. If the parties have children, they will ensure that primary residence, care, maintenance and contact of the spouses in respect of their minor (below 18 years of age) children, if there are major (above 18 years of age) children, then whether those children will need limited maintenance and also if spousal maintenance is applicable.
Unopposed divorces can either be brought in the Regional Magistrate’s Court or in the High Court. It is slightly cheaper to bring the divorce Summons in the Regional Court as there is more physical paperwork. The High Courts in Gauteng have gone online with their Caselines system.
Settling a divorce amicably is to the benefit of everyone, especially to the children of the marriage who will go through a lot less trauma.
