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Divorce in South Africa: Contested vs. Uncontested

Explore the differences between contested and uncontested divorces and what they mean for timelines, cost, and outcomes.

Published 2025/01/29
2 topics covered
The interior of an empty, modern courtroom with wooden benches and a judge's bench.

Contested vs. uncontested

Uncontested divorces are faster and cheaper where parties agree on primary issues. Contested matters require discovery, mediation, and potentially trial.

4 10 weeks
Uncontested timeline
6 18+ months
Contested timeline
Care, contact, maintenance, patrimonial
Key issues
Yes
Mediation encouraged

Relative cost index

If you can reach a settlement agreement ahead of time, courts can finalize an uncontested divorce relatively quickly.

Frequently Asked Questions

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