Uncontested Divorce.

Uncontested Divorce.

Uncontested divorce is where you and your spouse work together to agree on the terms of your divorce. You discuss your differences before-hand and come to a mutually acceptable agreement.

Terms that need to be agreed on include: 

• Parental rights and responsibilities of minor children;
• Maintenance for minor children; 
• Division of moveable and immovable assets and property; 
• Division of liabilities;
• Maintenance for either spouse;
• Division of investments, shares, and pension funds

You will both consult with the same attorney or mediator, who will be unbiased and impartial. Only one spouse will need to appear in court.

This alternative is quick, affordable, and reduces family stress.

The attorney or mediator will draught a settlement agreement that will be entered into (signed by both parties) and made an order of the court.

An uncontested divorce is without a doubt the least expensive type of divorce.

Reasons for Divorce in South Africa:

Priority differences

Priorities, which many men and women discuss before marriage, can become huge concerns later.

Religion, culture, and ethnicity

Different religious, cultural, or ethnic couples may ignore each other's expectations, producing anger. Most parents wish for their children to adopt their own customs, which can cause conflict.

Family duties

Spouses rarely co-parent effectively. Differing parenting styles can cause marriage problems. One parent may be strict, while the other is lenient. Children may favour one parent over the other, producing stress and animosity in the marriage.

Finances

Marriages suffer when times are tough. Whether a couple is happy or not, they may argue about money. If they don't solve the problem, it can put extra stress on their relationship.

Incompatibility

Emotionally, psychologically, and sexually, men and women differ. Children, health issues, and occupations change as a marriage progresses. These can affect a couple's sexual relationship. If a partner is not physically fulfilled, he or she will look elsewhere. Sexual dissatisfaction usually causes divorce.

Addiction

Addiction of any kind is like a black hole, destroying everything in its path and putting undue strain on relationships. Whether the addiction be to drink, narcotics, or, increasingly, pornography or social networking, the effect is the same.

Social networking

Social media is hurting privacy and family connections more and more since it blurs the boundaries between the public and private worlds. These media venues encourage careless posting, commenting, and sharing. When spouses spend a lot of time on social networks instead of with their families, they often grow apart in a way that can't be fixed and leads to divorce.

Social media posts aren't as private as many imagine, and flirting is a leading cause of divorce. With a multiplicity of profiles just a click away, it has made it incredibly easy for folks to see if the grass is greener on the other side.

Infidelity

Infidelity, adultery, or "cheating" is a leading cause of divorce in South Africa. Adultery is purposeful and malicious extramarital sex that destroys a marriage. Infidelity damages the relationship's foundation—trust—and violates mutually established rules or boundaries.

Abuse

Abuse is one of the main reasons for divorce. Physical, verbal, emotional, psychological, and financial abuse affect all age, ethnic, and class groups. It can mean telling a child they are not wanted, calling them names, ignoring them, locking them in a room, listening in on their phone calls, or not giving them money.

Abuse can occur in heterosexual, same-sex, and parent-child relationships. Men are assaulted verbally, emotionally, and sometimes violently, just like women and children.

Misunderstanding

a Lack of communication causes 70% of divorces. Without adequate communication, no relationship can endure. Good communication doesn't require agreement. Couples with communication problems that lead to divorce generally can't compromise. A lack of communication in any area of a marriage can do major damage to the partnership. Many couples lack financial communication, leading to unnecessary complications.

Issues generally involved in divorce proceedings are:

• Division of Assets and Liabilities
• Division of investments, shares, and pension funds
• Maintenance for dependents
• Parental Rights and Responsibilities, such as: Contact; Primary Place of Residence of the Minor Children; Maintenance for the Minor Children; Guardianship and decision Making.

If you and your spouse do not come to an agreement on these issues, you will need to enter a contested divorce. Read more.

Our Services:

• Mediation (We are registered with ADR International Mediators, specializing in Divorce Mediation)
• Assessment of your situation and advise going forward
• Relationship Coaching
• Separation Agreements
• Parenting Plans
• Drafting of Settlement Agreements
• Liaising with their spouse and negotiating the terms of the divorce
• Division of Pension Benefits
• Drafting of Divorce Summons
• Approaching the Regional or High Court for your Divorce
• Applying for and obtaining a Rule 43 or Rule 58 Interim Order
• Referring a Settlement Agreement to the office of the Family Advocate
• Applying for and obtaining a Protection Orders
• Appearance at Court for the Divorce Hearing
• Variation of Divorce Orders (It is very costly to change a divorce after a court order has been made, but it is possible)

Get your personalized Divorce Guide Here

• Every divorce is unique and comes with its own challenges.
• So, to provide you with a one-size-fits-all divorce guide would be useless.
• Divorce specialists have created a set of questions with an AI backend to provide you with a bespoke, confidential divorce guide, dependent on your unique circumstances.