Navigating Divorce in South Africa (Pt 1) Uncontested vs Contested Divorce

Overview

A divorce starts with the issuing of a summons and can be pursued in either the

Regional Magistrate’s Court or the High Court, depending on jurisdiction.

Jurisdiction

A South African court will have jurisdiction to hear a divorce if either spouse:

• Is domiciled in the court’s area on the date of action, or

• Has been ordinarily resident in South Africa for at least one year prior to

  the divorce being filed.

  
  

Uncontested Divorce (Unopposed Divorce)

An uncontested divorce is where both parties agree on the terms of separation, including care of children, maintenance, and division of assets. It's the fastest and most cost-effective route.

• Only the plaintiff appears in court

• Parenting Plan is reviewed by the Family Advocate

• Settlement Agreement is made a court order

• Finalised in as little as 8 weeks

Tip: Both parties may use the same attorney if there's no conflict.

Contested Divorce (Opposed Divorce)

A contested divorce involves disputes, often about custody, maintenance, or assets.

This process can take 1–2 years, and follows a formal litigation structure, including:

• Exchange of pleadings (summons, plea, counterclaim)

• Discovery of documents

• Pre-trial conferences

• Court trial and judgment

  
  

Please contact info@kernattorneys.co.za for a cost estimate tailored to your case.

While uncontested divorces offer a faster, more affordable route, contested divorces often involve deeper disputes that require formal litigation. If you and your spouse cannot agree on key issues like custody, maintenance, or asset division, you’ll likely face the complexities of a contested divorce.

In Part 2, we break down what to expect from the litigation process, including pleadings, discovery, and trial preparation so you can navigate it with clarity and confidence.